ADMINISTRATIVE LAW PRESENTATION ON
DEFINITION AND REASONS FOR
THE GROWTH OF
ADMINISTRATIVE LAW
SUBMITTED BY SUBMITTED TO
KHUSHI ANAND PROF. (DR.) DEVINDER SINGH
Roll Number- 87/23 Department of Laws
Section H Panjab University
ACKNOWLEDGEMENT
I would like to express my profound gratitude to Dr Devender Singh, of The Department of Laws,
Panjab University, Chandigarh, for their contributions to the completion of my Assignment of
Definition and reasons for the growth of Administrative Law. I would like to express my special
thanks their time and efforts. This has helped me in reading about my topic and coming across
new concepts which I am very grateful for.
INDEX
S NO TOPIC PG NO
1. Introduction 1
2. Scope and Nature 1
3. Definitions 2
4. Meaning of Administrative Law 3
5. Reasons for Growth 4
6. Conclusion 7
INTRODUCTION
Administrative law is a vital branch of public law that governs the functioning of government
agencies and administrative bodies. It primarily deals with the organization, powers, duties, and
functions of administrative authorities. In the contemporary world, the role of administrative law
has expanded significantly due to the increasing involvement of the government in various socio-
economic activities. India, as a welfare state, has witnessed the rapid development of administrative
law to regulate government actions, ensure accountability, and protect individual rights.
Historically, administrative law was not considered a separate discipline, as legal systems primarily
relied on traditional laws and judicial mechanisms to regulate governance. However, with the
expansion of state functions, particularly after the Industrial Revolution and later during the 20th
century, it became evident that specialized legal rules were necessary to govern administrative
actions.
Administrative Law is that branch of law that deals with powers, functions & responsibilities of
various administrative organs of the State. There is no single universal definition of ‘administrative
law’ because it means different things to different theorists.
Ø SCOPE OF ADMINISTRATIVE LAW
Administrative law determines the organization, powers and duties of administrative
authorities. The Concept of Administrative Law is founded on the following principles:
(a) Power is conferred on the administration by law.
(b) No power is absolute or uncontrolled howsoever broad the nature of the same might be.
(c) There should be reasonable restrictions on exercise of such powers depending on the
situation.
Ø NATURE OF ADMINISTRATIVE LAW
· Not a Codified Law: Unlike the Indian Penal Code or the Law of Contracts, administrative
law is not codified. The Constitution serves as its foundation.
· A Subset of Public Law: Administrative law deals with the rules and regulations that
control how administrative agencies operate. It includes healthcare, transportation, the
environment, taxes, and more.
· Authority Balance: The goal of administrative law is to strike a balance between the
requirement for effective management and the defence of individual liberties and rights.
· Regulates Administrative Agencies: Administrative law defines their structure, authority,
duties, and protocols. It establishes the legal framework that controls these agencies'
activities and makes sure they abide by the law and act within the bounds of their
jurisdiction.
Ø CONSTITUTIONAL LAW VS. ADMINISTRATIVE LAW
Constitutional law is the body of law that evolves from a constitution, setting out the
fundamental right and duties for its citizens and also the principles according to which a
State is governed and defining the relationship between the various branches of government
within the State. While, Administrative Law is the law concerning the powers and
procedures of administrative agencies, including especially the law governing the judicial
review of administrative action. Constitutional law is genus. It is the mother of all law of
India.Administrative law is a species of the Constitutional Law.Constitutional law deals
with various organs of the State. It also deals with structure of the State.Administrative
law deals with those organs as in motion/function. Thus, it deals with functions of the
State.
DEFINITIONS OF ADMINISTRATIVE LAW
Administrative Law has been studied and its nature and scope have been defined by several
Jurists and Legal Scholars.
1. Dicey-
Dicey defines administrative law as denoting that portion of a nation's legal system which
determines the legal status and liabilities of all state officials, which defines the rights and
liabilities of private individuals in their dealings with public officials, and which specifies
the procedure by which those rights and liabilities are enforced. Dicey's formulation is based
on French Droit administratiff. The definition is too narrow in so far as it excludes from
consideration many administrative authorities which cannot be said to be officials such as
public corporations and public undertakings. It also excludes procedures of administrative
authorities or their various powers and functions or other controls such as parliamentary
control.
2. Ivor Jennings-
According to Sir Ivor Jennings, "Administrative Law is the law relating to the
administration. It determines the organisation, powers and duties of Administrative
authorities. This is the most commonly accepted view.
3. But, Griffith and Street point out two difficulties-
(i) It does not distinguish administrative law from constitutional law, which in its usual
meaning has a great deal to say concerning the organisation of administrative authorities.
(ii) This definition is quite broad, as a law that determines the powers of administrative
authorities must also include the substantive aspects of those powers. For example,
legislations related to public health, housing, town and country planning, and personal
health services fall within the domain of governance but are not necessarily encompassed
within the scope of administrative law.
4. HWR Wade-
According to Wade, Administrative Law is "the law relating to the control of
governmental power." His view is that the primary object of administrative law is to keep
the powers of the government within their legal bounds, so as to protect the citizens
against their abuse. This definition places emphasis on the object of administrative law by
touching the heart of subject. It does not, however, define the subject. Further, it also does
not deal with the powers and duties of administrative authorities nor with the procedure
required to be followed by them.
Ø UNDERSTANDING THE MEANING OF ADMINISTRATIVE LAW
Administrative law is the law concerning the operation and control of administrative power. It sets
out the jurisdiction to be exercised by the administrative authorities, lays down the principles
governing the exercise of such jurisdiction and provides remedies to the person aggrieved by
administrative action.
By and large administrative law is a potent weapon to control governmental power through courts.
Administrators are required to implement socio-economic policies for welfare of the people in
general. On policy matters judges cannot do better than the administrators. Administrative law is,
therefore, seen as response to the problem of combining efficiency in the operation of administration
with fairness to the individuals who are affected by administrative action. This is not in any way an
ideological statement. It is a factual scene. The idea of justice is no more confined to the rights of
the individual. It has been extended under the impact of the philosophy of welfare state to the
socioeconomic sphere. Underlying judicial process is the fact that judges are trying to balance
consideration of efficiency with those of fairness in the exercise of public power. It is indeed
difficult to evolve a comprehensive, precise and satisfactory definition of administrative law so as
to demarcate articulately its nature, scope and content.
REASONS FOR GROWTH OF ADMINISTRATIVE LAW
Administrative Law is a by-product of intensive form of functional government. The reasons for
the growth of administrative law may be various and may operate in a variety of combinations.
Various factors have contributed to the expansion of administrative law, particularly in India, where
the state's role has evolved significantly since independence.
1. Change in the Concept of Government
One of the most fundamental reasons for the growth of administrative law is the transformation in
the role and functions of modern government. The traditional doctrine of laissez-faire has been
replaced by the concept of a welfare state, which actively intervenes in social and economic affairs.
This has led to an increase in governmental functions, including regulation of industries, protection
of workers' rights, environmental conservation, and public health management. With the growing
responsibilities of the state, there has been an inevitable expansion of administrative powers and
processes, necessitating the development of administrative law to regulate and control these
activities.
While governments now act more as facilitators and regulators rather than direct providers of
services, in developing countries like India, the expectation from the government remains high.
Citizens expect the state to address their needs from cradle to grave, further reinforcing the
importance of administrative law in managing and regulating governmental functions.
2. Demand for Governmental Intervention
Another significant factor contributing to the growth of administrative law is the increasing demand
by citizens for government intervention in social and economic matters. People now expect the
government not only to protect their rights but also to actively solve their problems. This expectation
is particularly strong in a country like India, where social and economic inequalities persist. For
instance, the right to equality under the Indian Constitution would remain ineffective if the
government did not take active steps to uplift the weaker sections of society.The growth of these
governmental functions has led to the expansion of administrative law, ensuring that such
interventions are carried out fairly and effectively.
3. Growth of Regulatory Measures
With the increasing complexity of modern economies, governments have had to implement
regulatory measures to oversee patterns of ownership, production, and distribution of resources.
The regulation of industries, trade, and financial markets is now seen as an essential function of any
good government, ensuring that economic activities serve the maximum number of people. In India,
regulatory bodies like the Securities and Exchange Board of India (SEBI), the Telecom Regulatory
Authority of India (TRAI), and the Reserve Bank of India (RBI) oversee different sectors to
maintain economic stability and protect consumer interests. These regulatory authorities function
within the framework of administrative law, which provides guidelines for their operations and
ensures that they do not exceed their powers.
4. Evolution of the Socialistic Pattern of Society
The adoption of socialistic ideals in India's constitutional framework has also contributed to the
growth of administrative law. The directive principles of state policy, enshrined in Articles 38,
39, 41, 43, and 47, require the government to work towards economic equality, social justice, fair
wages, and improved public health. These objectives cannot be achieved without an extensive
administrative structure, making administrative law an essential component of governance. As
the government undertakes massive welfare programs such as rural employment schemes, public
healthcare initiatives, and food security programs, administrative law has expanded to regulate
these aspects and ensure that governmental actions remain within legal and constitutional limits.
5. Inadequacy of the Judicial System
One of the most significant reasons for the growth of administrative law is the inadequacy of the
traditional judicial system in handling the demands of a modern welfare state. Courts, with their
formal, rigid, and time-consuming procedures, are often unable to provide swift justice, especially
in cases that require immediate resolution.For instance, disputes related to industrial relations,
environmental violations, and consumer protection require specialized expertise and quick
decisions, leading to the establishment of specialized tribunals and administrative adjudicatory
bodies such as the National Green Tribunal (NGT), Central Administrative Tribunal (CAT), and
Consumer Courts. These institutions operate under administrative law and provide faster, more
accessiblejustice.
Moreover, the shift from punitive to preventive justice has further contributed to the rise of
administrative law. Instead of merely punishing wrongdoers after violations occur, administrative
agencies take preventive measures such as licensing, inspections, and rate-fixing, ensuring
compliance with laws before disputes arise.
6. Inadequacy of the Legislative Process
The legislative process is often slow, cumbersome, and inflexible, making it difficult for
governments to respond swiftly to emerging challenges. Given the increasing complexity of
governance, it is impractical for legislatures to draft detailed laws for every administrative function.
Consequently, legislative bodies delegate rule-making powers to administrative authorities which
has led to the growth of delegated legislation, which forms a crucial part of administrative law.
7. Flexibility and Experimentation in Administrative Processes
Unlike traditional legislation, which is rigid and difficult to amend, administrative processes allow
for experimentation and flexibility. Administrative agencies can formulate, modify, and adapt
rules based on changing circumstances without waiting for lengthy legislative procedures. For
instance, environmental regulations, financial policies, and public health guidelines often need
frequent updates. Administrative agencies can test new policies and, if necessary, revise them
quickly based on feedback and practical experience. This flexibility has made administrative law
an essential tool for modern governance. Administrative agencies can avoid technicalities.
Administrative process represents a functional rather than a theoretical and legalistic approach.
8. Preventive and Policing Functions of Administrative Agencies
Administrative agencies do not merely resolve disputes; they also prevent violations of the law
by implementing licensing systems, quality control measures, and regulatory standards. For
example, agencies regulating food safety, drug approvals, and workplace safety enforce standards
that protect public health and safety. Additionally, administrative bodies have enforcement
powers, such as the authority to suspend or revoke licenses, seize contaminated products, or shut
down hazardous operations. These preventive measures are often more effective than traditional
court actions, leading to a greater reliance on administrative law.
Ø CONSTITUTIONAL CONTROL OVER ADMINISTRATIVE LAW
While the Constitution facilitates a functional government and the expansion of administrative
processes, it also establishes an elaborate control mechanism to prevent administrative excesses.
Articles 32 and 226 empower the Supreme Court and High Courts to issue writs such as certiorari,
mandamus, quo warranto, prohibition, and habeas corpus, ensuring that governmental and
administrative actions remain within legal bounds. Additionally, Article 300 grants individuals the
right to sue the government for torts committed by its servants, reinforcing accountability. To
safeguard government employees from arbitrary dismissal, termination, or demotion, Article 311
provides protection against unfair actions. Similarly, Article 136 empowers the Supreme Court to
grant special leave to appeal against decisions of any court or tribunal, ensuring higher judicial
oversight. Article 227 further extends the supervisory powers of High Courts over all subordinate
courts and tribunals, enhancing judicial scrutiny over administrative functions. Furthermore, the
Constitution explicitly brings administrative legislative actions within the purview of Article 13,
which defines “law” to include orders, bye-laws, rules, and notifications with legal force.
Consequently, administrative rule-making can be challenged not only for exceeding the delegating
statute (ultra vires) but also for violating fundamental rights. Additionally, administrative acts that
contravene provisions such as Articles 301, 311, 314, or 365 can also be declared void. Even quasi-
judicial actions of administrative bodies may be contested if either the administrative action or the
statute that delegates the power is unconstitutional.
In addition to controlling administrative power, the Constitution also establishes specific
administrative agencies to regulate crucial areas of governance. These include the Inter-State
Council (Article 263), Finance Commission (Article 280), Inter-State Water Dispute Authority
(Article 262), Public Service Commissions (Article 315), and Election Commission (Article 324).
These institutions play a critical role in governance while functioning within constitutional limits.
CONCLUSION
The growth of administrative law in India is a reflection of the changing nature of governance and
the increasing responsibilities of the state. As the government expands its role in public welfare,
economic regulation, and crisis management, administrative law has become essential for ensuring
accountability, transparency, and the protection of individual rights. In a democratic society like
India, administrative law plays a crucial role in balancing governmental power with individual
freedoms, ensuring that governance remains just, fair, and effective. The continuous evolution of
administrative law will remain integral to addressing future governance challenges and enhancing
the rule of law in India.
BIBLIOGRAPHY
1. J.J.R. Upadhyaya, Administrative Law, Central Law Agency
2. I.P. Massey, Administrative Law, 8th Edition, Eastern Book Company
3. S.P. Sathe, Administrative Law, 7th Edition, Lexis Nexis
4. www.taxmann.com
