A

PROJECT ON

ADMINISTRATIVE LAW

“DEFINITION AND SCOPE OF ADMINISTRATIVE LAW”

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 CONTENTS

1. Introduction
2. Definition
3. Nature and scope
4. Significance
5. Reasons for growth
6. Conclusion
7. Bibliography

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INTRODUCTION
The most significant and outstanding development of the 20th century is the rapid growth of
the administrative law. It does not, however, mean that there was no administrative law
before this century. But in this century the philosophy of the role and function of the State has
undergone a radical change. The government functions have multiplied by leaps and bounds.
The modern state takes care of its citizens from "cradle to the grave". All these developments
have widened the scope and ambit of administrative law.
Administrative law is the law that governs the administrative actions. It includes law relating
to the rule-making power of the administrative bodies, the quasi-judicial function of
administrative agencies, legal liabilities of public authorities and power of the ordinary courts
to supervise administrative authorities. It governs the executive and ensures that the executive
treats the public fairly.
Administrative law is a branch of public law. It deals with the relationship of individuals with
the government. It determines the organisation and power structure of administrative and
quasi-judicial authorities to enforce the law. It is primarily concerned with official actions
and procedures and puts in place a control mechanism by which administrative agencies stay
within bounds.However, administrative law is not a codified law. It is a judge-made law
which evolved over time.

DEFINITION

Administrative law is the body of law that governs the activities of administrative agencies of
the government which comprise of rulemaking or legislation (when delegated to them by the
Legislature as and when the need be), adjudication(to pronounce decisions while giving
judgements on certain matters),implementation/enforcement of public policy.

1. Ivor Jennings
"Administrative law is the law relating to the administration. It determines the organization,
powers and duties of the administrative authorities. "
This is the most widely-accepted definition. But according to Griffith and Street, there are
two difficulties with this definition:

1. It does not distinguish administrative law from constitutional law.

2. It is a very wide definition, for the law which determines the powers and functions of
administrative authorities may also deal with the substantive aspects of such powers,
for example legislations relating to public health services, houses, town and country

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 planning, etc.; but these are not included within the scope and ambit of administrative
law.

2. Wade
According to Wade, administrative law is "the law relating to the control of governmental
power". According to him, the primary object of administrative law is to keep powers of the
government within their legal bounds so as to protect the citizens against their abuse. The
powerful engines of authority must be prevented from running amok.

3. K.C. Davis
Administrative law is the law concerning the powers and procedures of administrative
agencies, including especially the law governing judicial review of administrative action.

NATURE AND SCOPE

Administrative law deals with the powers of administrative authorities the manner in which
the powers are exercised and the remedies which are available to the aggrieved persons, when
those powers are abused by these authorities.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).

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
judgement is to be taken into consideration the particular facts and cases of the case and the
judgement 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 labour,etc.

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According to Friedman scope of administrative law is as under:

1. It deals with law making powers of administrative authorities under common law and
various statues.

2. Judicial and quasi-judicial powers of administrative authorities i.e. court and tribunal to
deal with problems and remedies (Art. 136 and 227 of Constitution)

3. Executive power of administration i.e. concentration of power.

4. Power of the court to supervise administrative authorities.

5. Legal liability of public servant.

SIGNIFICANCE

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.

REASONS FOR GROWTH OF ADMINISTRATIVE LAW

1. Rise in complexity warranted handling of variable by the state authorities in order to

provide functioning in that area with necessary certainty and prescriptions.
2. Industrial revolution that resulted in the coming up of cities and new types of
economic transactions necessitated handling of affairs by government in order to
facilitate production,supply and exchange of products and services.
3. Technological inventions and the increasing specialization have called for the
increased need of specialized handling of affairs by government officials.

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 4. To allow necessary flexibility in the administrative system so that the challenges
arising due to social and economic factors could be addressed more adequately and
efficiently.
5. To allow experimentation in order to ensure the application of best fit model in a
given circumstance.
6. To allow participation of people in the administrative functioning to provide the
necessary authority to the administrative officials so that they can address the
challenges arising due to extraordinary circumstances or emergency situations.

CONCLUSION

Administrative law is the law governing the Executive, to regulate its functioning and protect
the common citizenry from any abuse of power exercised by the Executive or any of its
instrumentalities. It is a new branch of law which has evolved with time and shall continue to
evolve as per the changing needs of the society. The aim of administrative law is not to take
away the discretionary powers of the Executive but to bring them in consonance with the
‘Rule of law’.

BIBLIOGRAPHY