REASONS FOR GROWTH OF ADMINISTRATIVE LAW

The following factors are responsible for the rapid growth and development
of administrative law:
I. There is a radical change in the philosophy of the role played by the
State. The negative policy of maintaining "law and order" and of
"laissez faire" has radically changed. The State has not confned
its scope to the traditional and minimum functions of defence and
administration of justice, but has adopted the positive policy and as a
welfare State has undertaken to perform varied functions.l6
2. The judicial system was proved to be inadequate to decide and
settle all types of disputes. It was slow, costly, inept, complex and
formalistic. It was already overburdened and it was not possible to
expect speedy disposal of even very important matters, e.g. disputes
between employers and employees, lockouts, strikes, etc. These
burning problems could not be solved by mere literally interpreting
the provisions of some statute, but required consideration of various
other factors and it could not be done by the ordinary courts of law.
Therefore, industrial tribunals and labour courts were established,
which possessed thetechniques and expertiseto handle these complex
problems.
time and
3. The legislative process was also inadequate. It had no
legis
technique to deal with all the details. It was impossible for the when
lature to lay down detailed rules and procedures, and even
 detailed provisions were laid down by the
to be defective and inadequate, e.g. ratelegislature, they were found
necessary to delegate some powers to the fixing. Therefore, it was
4.A. There is scope for
experiments administrative authorities.
in administrative process.
unlike in legislation, it is not necessary to Here,
commencement of the next session of the continue a rule until
be made, tried for some time and if it is legislature. Here a rule can
defective, can be altered or
modified within a short period. Thus, legislation
while the administrative process is flexible. is rigid in character,
6. Theadministrative authorities can avoid
law represents functional rather thantechnicalities. Administrative
a theoretical and legal
istic approach. The traditional judiciary is
technical. It is not possible for courts to decide conservative, rigid and
cases without formality
and technicality. Administrative tribunals are not bound by rules of
evidence and procedure, and they can take a practical view of the
matter to decide complex problems.
6. Administrative authorities can take
preventive measures, e.g.
licensing, rate-fixing, etc. Unlike regular courts of law, they do not
have to wait for parties to come before them with disputes. In many
cases, these preventive actions may prove to be more effective and
useful than punishing a person after he has committed a breach of
law. As Freeman says, "Inspection and grading of meat answers the
consumer's need more adequately than does a right to sue the seler
after the consumer is injured."17
7. Administrative authorities can take effective steps for the enforcement
of the aforesaid preventive measures, e.g. suspension, revocation and
cancellation of licences, destruction of contaminated articles, etc.,
which arenot generally available through regular courts of law.