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ADMINISTRATIVE LAW - MEANING

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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
judgements 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).
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.

etc. environmental.division of labour. 5) To allow experimentation in order to ensure the application of best fit model in a given . REASONS FOR GROWTH: 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. 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. manufacturing. immigration. 2) Industrial revolution that resulted in the coming up of cities and new types of economic transactions necessitated handling of affairs by govt in order to facilitate production. taxation. and transportation.etc. broadcasting. There would be an upset in the balance in areas such as police law.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.supply and exchange of products and services. international trade. 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. 3) Technological inventions and the increasing specialization has called for the increased need of specialised handling of affairs by govt officials. Also there are specified laws and rules and regulations that guide and direct the internal administration relations like hierarchy.

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. . The reason for this is that while analysing the concept of Administrative Law Dicey was always thinking of French administrative law/rights system/Le Droit Admanistratif that existed under Napoleon's Bonaparte's rule.he rejected the idea of Administrative Law that was akin to Droit Administratif or that which was being practised in France and other European countries where there are seperate rules for administrative officials as he believed that such an arrangement would lead to a perpetual risk of excessive application of authority with people having no window to their grievance redressal. Thus. DICEY ON ADMINISTRATIVE LAW: Dicey supported Rule Of Law where everybody in a State everybody shall be subjected to some common law and no official irrespective of his status and authority shall be kept outside the purview of Rule Of Law.

etc.thus.Droit Adminstratif practised the system of: a) One rule for regulating the behaviour of individuals of society and one rule for regulating the members of State and administration. . Delegated legislation was very much a part of UK administrative setup as well as the system of administrative adjudication through tribunals that was contrary to Dicey's rule of law stating only one law making body which is the legislature and it being applied everywhere universally and interpreted by the judicial courts as and when required for each and every one. So.there was no rule of law or equality here. They are equals. Also he is criticised for not taking into account the future issues that would arrive in administration due to modernisation and complexity like delegated legislation. In case they ever overlap then the final decision will be taken by a special court constituted for this purpose. b) One court for members and individuals of the society and their private aspects and another court for members of State and administration which is the administrative Court/Tribunals and the apex of this court will be the Council D'Etat(very small division of the country in to administrative divisions that are smaller than even counties). This was done so that administrative and State officials have more autonomy in dealing with situations and contingencies that arise in execution of administrative duties and which would not be easily understood by the normal law and courts. But. Modern day concept of rule of law has been given a very broad meaning by providing opportunities to unequal people in order to equal themselves with the others like reservation.Dicey believed that there should not be such a separation where there is one law that governs the administrative and political officials( Administrative Law) and one that governs society and its people(civil and criminal law) and advocated the rule of law as prevalent in UK where everybody was equal in the eyes of law and only one common law governed each and every individual. Thus.etc. These are distinct and not overlapping neither are superior or inferior to each other. Marx also criticised Dicey's rule of law concept by saying that it promotes inequality instead of equality because if you treat underprivileged and poor equally with rich then there is going to be a huge disparity that will only expand with time.therefore UK was practising administrative law already.he was heavily criticised for this later as he did not take into account that even the Crown in UK was immune from civil and criminal proceedings.

.Law is created by the legislature or other legal institutions and is not to differentiate but enable unequals to become equals and the last word on the law would be that of the Independent judiciary.