CENTRAL UNIVERSITY OF SOUTH BIHAR,
GAYA
SCHOOL OF LAW AND GOVERNANCE
PROJECT WORK
ADMINISTRATIVE LAW
EVOLUTION OF ADMINISTRATIVE LAW
Submitted to Dr. P K Mishra
By- Aadya Sanskar
Ba.Llb(h)
6th semester
cub1413125001
CUSB, Gaya
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CONTENTS
SR.NO. TITLE PAGE NO.
1. ACKNOWLEDGEMENT 3
2. LITERATURE REVIEW 4
3. INTRODUCTION 5
4. DEFINITIONS OF ADMINISTRATIVE LAW 5
5. MEANING AND SCOPE OF ADMINISTRATIVE LAW 6
6. EVOLUTION OF ADMINISTRATIVE LAW 7
7. CASES 11
8. REASONS FOR THE EVOLUTION OF ADMINISTRATIVE 12
LAW
9. CONCLUSION 13
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ACKNOWLEDGMENT
During the course of writing this project, I have received the help, encouragement and assistance from my
teacher, colleagues, friends, library staff and other. I am thankful to all of them.
I am very thankful to my Administrative law teacher, Dr. P K Mishra for encouragement and support that
she provided during the preparation of the project.
I am deeply indebted to the works of eminent legal experts and law scholars and other scholars of repute,
whose valuable work has been highly useful in writing this project.
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LITERATURE REVIEW
BOOKS REFFERED
1. Takwani C.K. Lectures on Administrative Law ( 5th edition 2014, Eastern Book
Company, Luckhnow)
2. Massey I.P. Administrative Law (8th edition 2012, Eastern Book Company, Luckhnow)
3. Jain M.C. The Indian Administrative Law (7th edition 2014, Universal Law Publishing
Co.)
4. Joshi K.C. An Introduction to Administrative Law (Allahabad: Central Law
Publication) 2006.
CASES REFFERED
1. State of A.P. vs Chitra Venkata Rao
2. M.P. Srivastava vs Suresh Singh
3. State of Gujarat vs M.I. Haider Bux Imam Razvi
4. Javid Rasool Bhat vs State of J&K
5. Raja Ram Pal vs Speaker, Lok Sabha
LAW JOURNALS & WEBSITES REFFERED
https://www.lawnotes.in/Evolution_of_Administrative_Law
http://www.legalservicesindia.com/article/article/administrative-law-643-1.html
http://publicadministrationtheone.blogspot.in/2012/08/administrative-law-meaning-
scope-and.html
www.manupatra.com
http://publicadministrationtheone.blogspot.in/2012/08/administrative-law-meaning-
scope-and.html
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INTRODUCTION
Administrative Law evolved as a bye-product of the public law because of the growing socio-
economic functions and increasing power of the Government. This branch of law has seen
immense growth during the 20th century because of the drastic changes in the role and functions
of the State.
The State changed from being a police state exercising sovereign functions into a welfare state
seeking security and welfare of the common public.
Administrative Law is now considered to be an important branch of law. In almost all cases, the
principles of administrative law are invoked in one form or the other. Thus, administrative law
has not only arrived but has come to stay.
DEFINITION
According to the definition of Sir Ivor Jennings- Administrative Law can be defined as a law
relating to administration. It determines the organization, powers and duties of administrative
authorities1.
According to Wade, administrative law is the law relating to the control of governmental
power. Further he says the primary objective of administrative law is to keep powers of the
government within their legal bounds so as to protect the rights of citizens against their abuse2.
K.C. Davis defines it as- the law concerning the powers and procedures of administrative
agencies, including especially the law governing judicial review of administrative action3.
1 The Law and the Constitution (1959) 217
2 Wade and Forsyth, Administrative Law (2009) 4-5
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With the advent of time the definition and meaning of administrative law has gone through a
great deal of transition. From early 19th century to todays era the functions of the administration
has increased manifold leading to a transformation in the meaning of the term administrative
Law in accordance with the changes in the society.
ADMINISTRATIVE LAW - MEANING
Administrative law is the body of law that governs the activities of administrative agencies of the
government which comprise of rule-making or legislation (when delegated to them by the
Legislature as and when the need be), adjudication (to pronounce decisions while giving
judgments on certain matters), implementation/enforcement of public policy.
SCOPE
Administrative law determines the organization, powers and duties of administrative authorities.
The emphasis of Administrative Law is on procedures for formal adjudication based on the
principles of Natural Justice and for rule making.
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.
Though administrative law is as old as administration itself since they cannot exist separately, in
India the early signs/existence of administrative law could be found in the treatises written
during the reign of the Mauryas, Guptas, Mughals as well as East India Company (modern
administrative law).
3 Administrative Law Text (1959) 1
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It is based on the concept of rule of law that supports Natural Justice (to adjudicate based on
impartiality, unjustness and the prescribed laws and legal methods instead of arbitrariness and
abuse of official power on the part of govt. while serving the people and deciding cases brought
before its Tribunals, etc. Natural justice is basically applied in cases where there are no laws
prescribed, here the individual has to be given an opportunity to be heard and the judgment is to
be taken into consideration the particular facts and cases of the case and the judgment should be
free from bias). It is to prevent violation of people's rights by officials in power.
Administrative law specifies the rights and liabilities of private individuals in their dealings with
public officials and also specifies the procedures by which those rights and liabilities can be
enforced by those private individuals. It provides accountability and responsibility in the
administrative functioning. Also there are specified laws and rules and regulations that guide and
direct the internal administration relations like hierarchy, division of labor, etc.
EVOLUTION OF ADMINISTRATIVE LAW
Unlike other fields of law, administrative law is a recent phenomenon and can fairly be described
as infant. Historically, its emergence could be dated back to the end of the 19th century. This
era marked the advent of the welfare state and the subsequent withering away of the police
state. The interventionist role of the welfare state practically necessitated the increment of the
nature and extent of power of governments. Simultaneous, with such necessity come the need for
controlling the manner of exercise of power so as to ensure protection of individual rights, and
generally legality and fairness in the administration. With such background, administrative law,
as a legal instrument of controlling power, began to grow and develop too fast. Typically, with
the proliferation of the administrative agencies, administrative law has shown significant changes
in its nature, purpose and scope.
Presently, administrative law, in most legal systems, is significantly developed and undoubtedly
recognized as a distinct branch of law. However the path followed to reach at this stage is not
uniform and similar in most countries. Administrative law is unique to a specific country. Such
uniqueness can be explained by the fact that it is the outcome of the political reality, economic
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circumstances and the nature of the legal system prevailing in that country. It is also highly
influenced by the constitutional structure, the system of government and principles of the public
administration adopted by that country.
Generally, the proliferation of the administrative agencies and the expansion of delegated
legislation were two significant factors for the growth of the administrative law in most
countries. The 20th century marked with the vast increase of administrative agencies with vast
and wide-ranging powers. This necessitated legislative measures and judicial interference aimed
at controlling the manner of exercise of power of these entities so as to ensure protection of
individual rights and freedoms. As a result, most countries introduced specific and
comprehensive rules and procedures governing administrative adjudication and rule-making. In
US, the Administrative Procedure Act which was made law in 1946 is one such example of a
comprehensive response to deal with the growing power of agencies. Since then, the landscape
of the history of the American administrative law has been changed significantly. Similarly, in
England the Statutory Instrument Act was promulgated in the same year (1946) even though it
was not as comprehensive and influential as the American counterpart. The Act was a direct
response to the ever increasing power of agencies, more specifically, the delegation power of
agencies. In the 1920s fear developed about the volume and nature of the delegated legislation
being produced, which was not receiving parliamentary scrutiny; many sought necessary or
desirable.
In 1929, lord chief justice Lord Hewart published The New Despotism in which he railed against
what he saw as dangerous and uncontrolled growth of bureaucratic power. In 1932, the report of
the Donoughmore-Scott Committee on Ministers powers was issued. The report, amongst other
things, explained the inevitability of the delegated legislation, and also suggested some
safeguards. The report also recommended better scrutiny of the vesting in Ministers of
oppressive powers. This, finally, led to the enactment of the Statutory Instruments Act of the
1946.
However, the growth of the administrative law is not limited to statutory prescriptions of rules
and procedures governing the administrative process. Courts have also played important roles in
shaping the form, substance and scope of the administrative law. In England, until the Second
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World War and in the period immediately following 1945, courts continued limiting the scope of
their controls. Such judicial restraint was relaxed after the 1960s and there was judicial revival
and activism with the judiciary reclaiming their proper role of ensuring the legality and fairness
of exercise of governmental powers. In America, where the judiciary has firmly asserted its
strong position in checking the constitutionality of parliamentary legislation, the courts didnt
hesitate to review administrative decision, including delegated legislation.
In France, Italy, Germany and in a number of other countries, there is a separate system of
administrative courts which deal with administrative cases exclusively. As a natural
consequence, administrative law has developed on its own independent lines, and is not
enmeshed with ordinary private law as it is in the Anglo-American system.
The term administrative law is not a newly coined term. The traces of administrative law can
be seen in almost every legal system of the world. In India, from Mauryas to Guptas, Guptas to
Mughals, from Mughals to the East India Company, in all the mentioned period administrative
law was one of the most developing branches of law. Administrative Law can be said to be the
most remarkable development of the 20th Century. The development of administrative law goes
hand-in-hand with the development of the society. Administrative law can more rightly be said to
be the sociology of law and not the philosophy of law.
The three main stages led to the expansion of the meaning of the term Administrative law-
Laissez Faire
Dogma of Collectivism
Social-Welfare State
1. Laissez Faire
In the early 20th century the political gospel of laissez-faire was preached. The principles on
which the theory of laissez-faire works are as follows-
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Minimum control of government
Free enterprise
Law and order not counted as subjects of state
Power said to be concentrated in the hands of the individual
The theory of Laissez-faire met with the following pitfalls-
Concentration of powers
Which led to human misery
Widening the inadvertent gap between the poor and the rich
The consequence of giving the powers in the hands of the individuals and the minimum
government control proved catastrophic .By this the vital power was concentrated in the hands of
the rich people and the balance of economy got terribly shaken which only paved way to a
debacle that is the increasing economic disparity where the rich became richer and the poor
became poorer.
2. Dogma of Collectivism
After the miserable consequences that the police state suffered because of the terrible failure of
Laissez-Faire, the principle of collectivism evolved which said that the state and individuals shall
work in proper synchronization. The state had proper control over the actions of the individuals
and the state also stood up to take the responsibility for the individuals life, liberty and property.
3. Social Welfare State
The Dogma of collectivism gave birth to the being of a social-welfare state. India is a socialistic
republic as the Preamble of the Constitution articulates. The social welfare state thrives on the
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principle of providing justice of all kinds be it social, economic or political and all laws and
actions of the government to be taken keeping in mind the interests of the citizens.
Evolution and Growth in India
Administrative law was in existence in India even in ancient times. Under the Mauryas and
Guptas, several centuries before Christ, there was a well-organized and centralized
administration in India. The rule of Dharma was observed by the kings and administrators and
nobody claimed any exemption from it. The basic principles of natural justice and fair play were
followed by the kings and officers as the administration could be run only on those principles
accepted by Dharma, which was a word with a scope even wider than the rule of law or the
due process of law. Yet, there was no administrative law in existence in the sense in which we
study it today.
In 20th century, social and economic policies of the government had significant impact on private
rights of citizens, e.g. housing, employment, planning, education, health, service, pension,
manufacture of goods, etc. Traditional legislative and judicial system could not effectively solve
these problems. It resulted in increase in delegated legislation as well as tribunalisation.
Administrative law thus became a living subject.
Cases
In State of A.P. vs Chitra Venkata Rao4, Supreme Court held that the jurisdiction to issue a
certiorari under Article 226 is supervisory in nature. It is not appellate court and if there is some
evidence on record on which the tribunal had passed the order, the said findings cannot be
challenged on the ground that the evidences for the same is insufficient or inadequate. The
adequacy or sufficiency of evidence is within the exclusive jurisdiction of the tribunal.
In M.P. Srivastava vs Suresh Singh5, the Supreme Court observed that in matters of training, the
expert opinion of the Public Service Commission would be generally accepted by the court.
4 (1975) 2 SCC 557
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In State of Gujarat vs M.I. Haider Bux Imam Razvi 6, the Supreme Court held that under the
provisions of the Land Acquisition Act, 1984, ordinarily, the government is the best authority to
decide whether a particular purpose is public purpose and whether the land can be acquired for
that purpose or not.
In Javid Rasool Bhat vs State of J&K7, the SC observed that a member of the selection
Committee can even ask irrelevant questions to explore the candidates capacity to detect
irrelevancies.
In Raja Ram Pal vs Speaker, Lok Sabha8, the SC held that if a member of Parliament is found
guilty by the House of improper conduct and is expelled, a court of law would not interfere with
such action.
Thus, while the activities and powers of the government and administrative authorities have
increased, now, there is greater need for the enforcement of rule of law and judicial review over
these powers, so that citizens are free to enjoy the liberty guaranteed by the Constitution.
REASONS FOR THE EVOLUTION OF ADMINISTRATIVE LAW
Some of the reasons for the evolution of the administrative law are:
Changing functions of the State
Intensive form of the Government
Inadequacy of legislative process
Inadequacy of judicial process
Growth of Science and Technology
5 (1977) 1 SCC 627
6 (1976) 3SCC 536
7 (1984) 2 SCC 631
8 (2007) 3 SCC 184
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Establishment of Regulatory agencies
Scope for experimentation
Discretionary powers
Preventive measure
CONCLUSION
Administrative Law can be said to be the most remarkable development of the 20th Century. The
development of administrative law goes hand-in-hand with the development of the society.
Administrative law can more rightly be said to be the sociology of law and not the philosophy of
law.
It is very significant because if it did not exist then the very concept of having a democracy and a
government to work for the people would be self-defeating because then there would be no
responsibility or accountability of the public officials to anybody and the administration would
run arbitrarily thus creating a huge monster that would eat up the very system. There would be an
upset in the balance in areas such as police law, international trade, manufacturing,
environmental, taxation, broadcasting, immigration, and transportation, etc.
Remarks
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