INTRODUCTION

To guarantee the efficient and effective operation of government agencies and public companies
in India, the Central and State governments have appointed a number of administrative bodies.
There are three types of administrative agencies, which are the Legislative, the Executive, and
the Judicial. Each and every administrative task may be filed under one of these three broad
categories. Monitoring administrative agencies is essential for ensuring that they adhere to
regulations governing their operations. Because of this need, we now have Administrative Law.
Specifically, administrative law addresses the scope of governmental authority, the rules for how
that authority is to be used, and the redress available to those who have been wronged by that
authority. As administrative law is an integral element of constitutional law, each issue that
arises in that field is likewise a matter of constitutional law. Administrative law's principal focus
is on figuring out how to prevent discretionary powers from becoming arbitrary ones by
regulating the actions of administrative authorities.

FALLOUT OF LAISSEZ FAIRE

 Minimum government control. 

 Free enterprise. 

 Power was said to be concentrated in the individual’s hands.

What happens when people are trusted with a lot of responsibility and the government steps
back. Because of this, the economic equilibrium was severely disturbed, causing the affluent to
grow even richer and the poor to become even poorer.

POLICE STATE

There was a bad or negative influence from the state. Its primary function was as a police state,
aiding and keeping of peace and order, the defence of the country against foreign invasion, the
administration of justice, and the collection of taxes to fund these endeavours. And the
government's harsh measures against its people's social, economic, and political rights. Law and
the exercise of political authority by the executive seldom differ from a totalitarian state, and the
police state is a prime example of this. Residents of a police state are often subject to censorship
for voicing their political or other opinions, and their freedom of movement is severely limited.

WELFARE STATE

The primary function of the government in a welfare state is to ensure its residents' material and
social well-being. Responsibility to the public is providing for those who cannot help themselves
to better conditions, and ensuring that everyone has an equal shot at success. In order to pay for
itself, a welfare state often imposes a progressive tax on those with higher salaries, which
typically takes the form of a sizable income tax.

CHARACTERISTICS OF A MODERN ‘WELFARE STATE’

A vast increase in the range and detail of government regulation of privately owned economic
enterprise,

 The direct furnishing of services by government to individual members of the

community, and
 Increased government ownership and operation of industries and businesses.
 Provider
 Law making
 Manifestation

A direct engagement with the citizens is needed if the welfare state is to carry out these duties
effectively and broadly to achieve social and economic fairness. Since achieving social and
economic justice is a stated objective of state policy, it follows that the frequency with which
ordinary persons encounter with the holders of state authority must rise significantly if social and
economic justice is to be realised. The primary objective of administrative law is to strike a
balance and harmony between justice and authority.
The existence of administrative law is clearly influencing the political and economic climate. A
growing government necessitated the development of administrative law in order to rein in its
expansive reach. And as Acton famously put it, "Power corrupts, and absolute power corrupts
totally." Government power concentration always poses risks to individual liberties if it is not
appropriately monitored and controlled. The rise of "big government" inspired the creation of
administrative law.

COMPARISON BETWEEN THE ‘POLICE STATE’ AND THE ‘WELFARE STATE’

In light of the differences between the following points and down the list of ‘police state’ and
‘welfare state’ are

 The role of government

 The underlying political philosophy
 Individual liberty and freedom
 Extent of power of the government

Because of this, the government's function has shifted, and it has gone from being a "police
state" to a "welfare state," with the latter based on the necessity of delegating greater managerial
authority to the former. The rise in administrative law may be seen in two ways: one is the
capacity to some degree versus control, dispute, and struggle.

The administrative law of the state has contributed to the expansion of its social, economic, and
governmental functions. Enhancing the social and administrative authorities of the exceedingly
complicated is crucial. The law mandates that discipline, which may deliver assurance and
simultaneously curb the misuse of entrusted administration, be put in place to manage this
intricate connection.

Only in the face of an external threat, via the collection of taxes, and through the long-term
preservation of internal peace and order and security could ancient civilizations resort to any
significant degree of governmental intervention. Because of the pressing need to handle more
administrative tasks in the modern world, the field of administrative law has flourished in recent
decades. A key tenet of laissez-faire economics from the 19th century is that governments should
stay out of business and people should be allowed to make their own business and contractual
agreements. The situation in the state was characterised by a high level of law and order. The
government could only perform its more conventional functions, like those of a guardian. The
government is in charge of controlling the economy and society. Nonetheless, the concept of "let
it be" caused much suffering among the population.

WHY GROWTH OF ADMINISTRATIVE LAW IS IMPORTANT

The legislative power of administrative agencies, sometimes called rule-making power and, more
officially, delegated legislation, is the authority of agencies to adopt legally enforceable
regulations by virtue of authority conferred upon them by the legislature. Due to the complexity
of the modern state, elected representatives are unable to establish laws to regulate all possible
scenarios.

Disputes and complaints are expedited by the establishment of tribunals. A tribunal's Bench
consists of both judges and laypeople who hear and rule on cases. But tribunals aren't meant to
replace courts. Several tribunals in India have been established by various Central Acts. The list
below includes only a few of the Tribunals available.

REASONS FOR GROWTH OF ADMINISTRATIVE LAW

 The state's role philosophically has seen a dramatic shift. There has been a shift away
from the traditionally negative approach of prioritising social welfare and law and order.
The state embraced the positive policy and took on a wide range of tasks to act as a
welfare state, going well beyond its conventional and limited functions of defence and
administration of justice.

 Modern-day urbanization and industrialization Housing, health, and security of life are
only some of the difficulties brought on by heavy industrialization and the concentration
of huge portions of the people in congested cities. In order to protect the public's health
and safety, the government was forced to take action. Health, education, employment,
 retirement security, critical commodity production, control and distribution, and other
public utility operations were only some of the many spheres of state activity. What this
meant for administration shifted as a result.

 When it comes to resolving all possible sorts of legal conflicts, the court system has been
shown to be inadequate. There were long delays, high costs, incompetence, complexity,
and excessive formality. With its already heavy workload, it was unrealistic to anticipate
speedy resolution of even the most pressing concerns. Ordinary courts of law would be
unable to resolve the crucial problems at hand since their resolution necessitated taking
into account elements beyond a literal interpretation of the statute provisions. As a result,
specialised courts called industrial tribunals and labour courts were set up to hear cases
involving such thorny issues. 

 Also, the legislative procedure fell short. There just wasn't enough time or resources to
worry about every last detail. It was hard for the legislature to establish clear norms and
processes, and even when such provisions were established, they were determined to be
flawed or insufficient. This meant that the administrative authorities needed to be given
discretionary authority.

 It is possible to conduct experiments within the framework of the administrative system.

A regulation in legislation need not be carried over to the start of the next legislature
session. Here, a rule may be crafted, tested for a while, and then revised quickly if it turns
out to be flawed. Hence, the legislation is more strict than the administrative procedure.

 Administrative professionals may sidestep legalities by focusing on the big picture. In

contrast to traditional legal disciplines like constitutional law and statutory interpretation,
administrative law is primarily concerned with practical concerns. The conventional legal
system is highly specialized, inflexible, and conservative. Cases cannot be decided by the
courts without the use of legal procedure and technicalities. In order to make decisions on
difficult cases, administrative tribunals are not constrained by the norms of evidence and
process.

 The administrative body has the ability to take preventative steps. Unlike traditional legal
tribunals, they don't have to wait for disputing parties to physically appear before them.
 It's possible that taking such precautions might be more successful and beneficial than
penalizing to an offender after the fact, in many situations. "Meat inspection and grading
react more properly to the interests of the customer than does the ability to sue the seller
after the consumer is damaged," as stated by Freeman.

 The aforementioned preventative actions may be effectively enforced by administrative

authorities by means not normally available through ordinary courts, such as the
suspension, revocation, and cancellation of liscenses , the destruction of contaminated
items, etc.

CONCLUSION

Administration and administrative law have become extensive parts of modern governance, and
this is due to a number of circumstances. The expansion of Administrative law and procedure
may be traced back to the rise of modern functional government. The Indian legal system places
great emphasis on administrative law. In the absence of a strong tradition of democracy,
bureaucracy or authority may exercise too much influence over individual liberties. The
tremendous power of administration can be utilized to and for the good of the State if employed
properly, but it can also be used for administrative dictatorship and a totalitarian State if used for
the wrong reasons. So as a tool for regulating the use of executive authority, the maturation of
administrative law has met with widespread approval. Administrative law's purpose is to rein in
overreaching government agencies and other administrative entities. There should be specific
laws in place to control conflicts between private citizens and government agencies, as it is not
always viable to depend on general statutes for the resolution of such conflicts.