1.

Introduction:

Administrative law is the law that governs the administrative actions. As per Ivor Jennings- the

Administrative law is the law relating to administration. It determines the organisation, powers

and duties of administrative authorities. 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. 1 It is a judge-made law which

evolved over time.

It is the law which governs the duties, powers and also the manner in which those powers are

executed. Administrative law limits the authorities from using their powers in an abusive

manner. Determining the Reasons for the Growth of Administrative law which helps in

Analyzing whether such growth has witnessed an efficient functioning of the Administrative

authorities. Administrative law developed principles which assist to ensure that the

Administrative or public authorities works in a legal, reasonable and efficient manner. This

article is mainly concentrated on knowing the reasons for the growth of Administrative law with

a brief introduction to the subject as well as the chronicle of administrative law and it’s

functioning, through which a better understanding of Administrative can be gained and also the

need for administrative law can be known.

1 S. P. Sathe, Administrative Law, p, 86, (Wadhwa Book Company, Seventh Edition).

2. DEFINITIONS :

● According to Ivor Jennings, “Administrative law is the law relating to the

administration. It determines the Organisation, powers and duties of the

administrative authorities”.

● According to 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".

● According to Garner, "Administrative law may be described as those rules

which are recognized by the court as law and which relate to regulate the

administration of government".

(3). Evolution of Administrative Law:

● ENGLAND

In 1885 Albert Venn Dicey, a British jurist, rejected the whole concept of Administrative law.

Hence, the numerous statutory discretionary powers given to the executives and administrative

authorities and control exercised over them were all disregarded to be able to form a separate

branch of law by the legal thinkers. Until the 20th Century, Administrative law was not accepted

as a separate branch of law. It was only later that the existence of Administrative law came to be

recognised. 2
2 S. P. Sathe, Administrative Law, p, 53, (Wadhwa Book Company, Seventh Edition).

The Lord Donoughmore Committee, in 1929, recommended for better publication and control of

subordinate legislation. The principle, King can do no wrong, was abolished and the scope of

Administrative law expanded by virtue of the Crown Proceeding Act in 1947 which allowed

initiating civil proceedings against the Crown as against any private person.

In 1958, Tribunals and Inquiries Act was passed for better control and supervision of

Administrative Decisions.

● UNITED STATES OF AMERICA

In the United States of America, the existence of administrative law and its growth was ignored

until it grew up to become the fourth branch of the State. By then many legal scholars like Frank

Goodnow and Ernst Freund had already authored a few books on Administrative law.

It was in 1933 that a special committee was appointed to determine how judicial control over

administrative agencies could be exercised. Thereafter, in 1946 The Administrative Procedure

Act was passed which provided for judicial control over administrative actions. 3

● INDIA

The Maurya’s and the Gupta’s of ancient India had a centralised administrative system. It was

with the coming of the British that Administrative law in India went through a few changes.
Legislations regulating administrative actions were passed in British India.

After independence, India adopted to become a welfare state, which henceforth increased the

state activities. As the activities and powers of the Government and administrative authorities

increased so did the need for ‘Rule of Law’ and ‘Judicial Review of State actions’. 4

3 https://blog.ipleaders.in/administrative-law-1/, visited on : 09/04/2020.

Henceforth, if rules, regulations and orders passed by the administrative authorities were found

to be beyond the authority’s legislative powers then such orders, rules and regulations were to be

declared ultra-vires, unconstitutional, illegal and void.

(4). Reasons for the Growth of Administrative Law:

● There is a radical change in the philosophy of the role played by the state. The negative

policy of maintaining law and order and social welfare is changing. The state has not

confined 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.

● The judicial system was proved to be an 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. The

important problems could not be solved by mere literally interpreting the provisions of

some statutes, 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 the techniques and expertise to handle these complex

problems.

● The legislative process was also inadequate. It had no time and technique to deal with all

the details. It was impossible for it to lay down detailed rules and procedures, and even

when detailed provisions were laid down by the legislature, they have found to be

defective and inadequate. Therefore, it was necessary to delegate some powers to the

administrative authorities.

4 http://www.barcouncilofindia.org/wp-content/uploads/2010/08/AIBEP21.pdf, visited on:

09/04/2020.

● There is scope for experiments in administrative process. Here unlike, in legislation, it is

not necessary to continue a rule until commencement of the next session of the

legislature. Here a rule can be made, tired for some time and if it is defective, can be

altered or modified within a short period. Thus, legislation is rigid in character , while the

administrative process is flexible.

● The administrative authorities can avoid technicalities. Administrative law represents

functional rather than a theoretical and legislative approach. The traditional judiciary is

conservative, rigid and technical. It is impossible for courts to decide 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.
● Administrative authorities can take preventive measures. 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 seller

after the consumer injured”.

● Administrative authorities can take effective steps for the enforcement of the aforesaid

preventive measures e.g. suspension, revocation and cancellation of license, destruction

of contaminated articles etc., which are not generally available through regular courts of

law.

(5). Classification of Administrative Law:

Due to the wide powers of administrative law, it has a classification in itself that determines the

scope of the power various branches under the ambit of administrative organization, have

jurisdiction over specific subjects. Thus, administrative action is classified into four categories:

● Quasi-legislative Action – Which refers to the sub-ordinate legislative powers that

the Legislature delegates to the administrative agencies. The legislature gives limited

powers and specifies the extent to which they can be exercised while delegating this

power, and the ultimate authority rests with the Legislature on any actions or decisions

taken by them.

● Quasi-judicial Action – Which refers to the administrative agencies that exercise

adjudicatory power that has been delegated to them by the Judiciary. The scope of this

also covers certain administrative actions like disciplinary proceedings for instance, that

require judicial interference, and such can be performed by these quasi-judicial bodies.

● Purely Administrative Action – referred to as rule application, is the residuary

action that is neither quasi-legislative or quasi-judicial but requires the full exercise of

administrative action, that is not general and differs from case to case. Administrative

action follows the natural justice laws.

● Ministerial Action – the only difference between purely administrative and

ministerial action is that under the administrative action, agencies have enough

discretionary powers to make changes and give decisions according to specific situations

that arise, whereas, in the latter, there is no space provided for exercising individual

discretion instead, they have to follow the set, defined procedure and duties.

(6) Chronicles of Administrative Law:

Administrative law is not a codified, document or well-defined law. It is essentially

unwritten, uncodified or a “judge-made” law. The evidence of administrative law can be

evidenced even in the ancient times. The concept of dharma ruled and observed by the kings and

administrators. The basic principles of natural justice and fair play were followed by the kings

and officers as the administration could be run only on those principles accepted by dharma, but

still there was no administrative law in existence in the sense in which it is studied today. After

the establishment of the East India Company and the rule of British rule in India, the powers of

the government had increased. Many Acts, statutes and legislations were passed by the British
government regulating public safety, health, morality, transport and labour relations2. The

practice of granting administrative license began with the state with the Stage Carriage Act 1861.

It is recommended to bring an codified form of administrative law which ensures an

complete growth of Administrative law and also makes the job of administrative tribunals in

deciding cases. An written form of administrative law gives an well-versed recognisation of

administration among the citizens of the country.

The first public corporation was established under the Bombay Port Act, 1873. Delegated

legislation was accepted by the Northern India canal and Drainage 1884. In many statutes,

provisions were made regarding holding of permits and licenses and for the settlement of

disputes by the administrative authorities and tribunals. In the present century, social and

economic policies of the government had significant impact on private rights of citizens, e.g.

housing, employment, planning, education, health, service, pension, manufacture of goods etc.,

Traditional legislative and judicial system could not effectively solve these problems. It resulted

in increase in delegated legislation as well as tribalisation. Administrative law thus became a

living subject. Since independence, the activities and the functions of the government have

further increased. Under the Industrial Disputes Act, 1947, the Minimum wages Act, 1948, the

factories Act, 1948 and the Employees State Insurance Act, 1948, important social security

measures have been taken those employed in industries. The philosophy of a welfare state has

been specifically embodied in the Indian constitution. In constitution itself provisions are there to

secure social, economic and political justice, equality of status and opportunity to all citizens.

The ownership and control of material resources of the society should be so disturbed as to best

serve the common good. The operation of the economic system should not result in the

concentration of wealth and means of production with few. For the implementation of all objects,

the state is vested with the power to impose reasonable restrictions even on the fundamental

rights guaranteed by the constitution. While interpreting all these Acts and the provisions of the

constitution, the judiciary started taking into consideration the objects and ideals of social
welfare.