Nature &cope and development od administrative Law.

which i
Administrative law a branch od public Law
Liabilifies
COncerned with various powers, dutie4, rights aha
are engaged ih
od the various organd d government which

ublic administration.
a
been made to provide
peinifion Various attempfa have
deinite dedinition, but none turned out to be 4atisdacfort.
endd
As per Austin Ad.ministrative Law id as to determine the
shall be
to
To and the modesin whichthe sovereign powers

exerCised.

The hall be exerciaed

A) Directly by the monarch od dovereign member

**** *

he dubordina-te þolitical duperior to whom

B) Directly by the
delegated or commtted in trust.
portions od tho4e are

According to Jennin g4 Adminidtrative law meand a law relatinsg

and duties 0d the administrative
to the administration, þowers
***

authorities

Nature 0d Adminidtrafive Law

Administrative Law id a law in the real sende. But tia not
labgur LawseteIt
a law Like the þroberty law, land laws,
which mat not be fermed. as
includes the studyy od domething
a law ih the true sense i the ferm Auch as administrative
4tatement resolutiond memorandum
Circular, policy
adminidtrafive circular, policy stafemenf efc .be sides thidit
includles with it4 study higher law natural justice,
 Adminidtrative law is a branch od public law in ConTra.d 0n
with a
private Law which deals with the relationship O
individual inter 4e. Thus administrative law þrimarily deals with
the relafionship od individual and the orsanized powe.
Further, adminidtrative law deals with the Organisation
and powers Od adminidtrative nd quasi administrative

agencie. hid 4tress vn the 4tud od Organidafion is onLg

the extent that it i necessary to under the powerd

characteristic od actions þroceduredor the exercise 04
Thus its
Thode þowers Control mechanidm provided therein.
and
The tress on
4tudy ihcLudes not only adminidtrative agencies.

fhe 4tudt od Organisation is onl to the extent that i s

mechahidm
necessar
neces4ary the powerd and control
to Understand
provided therein Thu4 it 4tudy includes not only
adminidtrafive agencie4 duch as Corporations but boards,
law includes
Oniverdities and other institutiond. Adminidtrative
and also 0d the
the dtudy od the exidting þrinciples
new princþles which administrafive and
development oc certain
must ollow while exerciding their
quasi administrative agenCies
natural justice,
bowers in relation to individual ie, þrinciples od
reasonableness and airnes4.

and whollt remaind

adminidtrative law is basically
In India,
made lawn and thus dudrarers rom the aciLities
a judge
Dd judicial law making.
band bene4its 4rom the 4trength

adminidtrafive law
Scope vd
 Administrative law þrimaril y concerns itaeld with the orca
action may be

A) Rule making acfior

B) Rule deciáion action or adjudicatory acfion

C) Rule appLication action

besides the main actionthe actiond which are incidental fo The

main actions are also Covered within the 4tudt 4uch inCicehTa

Ctions may be investigatort, supervisor, adviaor, declaraTorg

etc

Administrative law also include within its 4cope the ontrol

mechanidm b which the adminidtrative agencies are kept within

in the 4ervice the

04 The
the bounds and ma.de edrdectively
mechaniam id technically Called the
individuals. Thid Control

reviewProcess.

he ollowing administrative actiond are within its dCobe-

habeas
1) Courts exerciaing with Jurisdiction throughwrits od
Corpus, mandamus, certiorari, þrohibition

4uita,
2) Courts exerciaing ordinary judiCial Powers through
injunction and declarator actiond. i *

adminidtrafive authoritied.
3) Higher

and mass media in the 20th centurt id als30

4) Public opinion
adminidtration which cannot be
an important Control on any

ignored,
 S) Ea4 acces4 to justice aldo þrovideA an edrdective check on

|bureaucrafic adyenturiam in the eyercise od public power.

6 The task od admini4trative law i to reConcile, in the
4ield od adminidtrative action, democratic 4adeguards and
standards od air play with the eddective conduct o
gOverhment.

Development od administratve law in India

|Administrative Law in India can be traced back to ancient
hi4tor times. The Maura and the Gupta dynasties od Ancient
India had centralized adminidtrative 44tem Following8 Thi4
thi4,
came the Mughals who had 4omewhaf Aimilar administrative

44tem, he king4 in the anterior period od history were mostly

concerned majorly about three things

L Protecting the state rom external aggresdion

2 Maintaining law and order and order

3 Collecting taye
With the arrival o4 the Britiah in India, there was the
advent od mgdern administrative Law. tstabliahment od East
India Combang inCreaed the government4 powerd manidrold
Several Act4, legialatres and statutes were brought by the
Britiah Parliament or regulating public sadety
4aety health,
health,
morali transport and Labour relationd. The
he exerci4e o
granting Licenses began with the State arriage Act, 186L
The irst public corporation me into exi4tence Under the
Bombay
Bombay Port Truat Act, L79. Delegated legislation wa
a.ccebted a4 Legitima-te power o the Exeautive in Northen
India Canal and
Drainage Act, L873 and Obium Act, %.

Lh
many 4tatute4, proviäiond were made vies-a-vies granting 04
permit and Licendes and 4ettlement od diaputes Dg
a.dministrafive authorities and tribunaLa. During the Second

World War, the executive powers increased manidolLd b vTUE

0 De-ende d India Act. In addition to thid, the
4everal
Overhmenf iddued mant orders and ordinances, covering
matters by way o4 Adminidtrative indtructions.

Post-indebendence India adopted a weldrare state approach,

which in tun increased state actvite. With increase in Power

and activity od the Government and administrative authorities

inCreased 40 did the need dror Rule od Law and Judicial

Review o State actions. The philLo4ophy od a weldare state
became 4pecidically embodied in the Constitution od India. In
-

the Constitution iteld, providions were made to secure to a l

citizend docial, ecphomic andPolitical jv4tice, equality o

status ad opportunity. The ownerahp and control od materal
resource D the dociety should be s0 distributed as best to
rw

Aub-serve the common good

For better adminidtrafion and eyecution od Laws at the

ground level, procedures uch a4 laing and delegated
were borrowed rom Contemporary regimes ahd
legialation
Cu&tomized to cater to the Indian needs. ALso, i rules,
regulations and orders pa &4ed by the administrative authorities

ound to such
were be
beyond their legislative þower then

orders, rules and regulationa were to be declared ultra-vires,

Uncon&titutional, illegal and void, Thid 4Lexbility
administrative Law al4o marks important eature 0
evolution oc adminidtrative law in India.