Growth of administrative action in India and its

importance
By Team @Law Times Journal - December 4, 2019

The most prominent and vital advancement of the modern state is the rapid
growth of Administrative law. The growth which took place in the 20th century
can be considered as a radical change.[i] The role and the functions of the state
have undergone an extreme alteration. There is a multiplication of government
functions. The state which is running at present as a progressive democratic
state has to make ensure whether the essential needs of the citizens have been
satiated by the state.[ii] It as to ensure Social peace and security, control the over
production, manufactures and distributes essential commodities, ensures equal
pay for equal work it should work on the improvement of slums, health and
education of the citizens the modern state takes care of its citizen till their
existence inside the state.[iii] 

History

Administrative legislation and system has existed in India since a long time. The
English came to India for trade hence, the primary object of British
administration was to maximise profit.[iv] As the British gained control over
India the efficiency of administration became the basic necessity to fulfil its
 basic purpose. The executive during this period had superseding powers in the
matters of justice.[v]

Privacy & Cookies: This site uses cookies. By continuing to use this website, you agree to their use.
To find out more, including how to control cookies, see here: Cookie Policy

Close and accept

The institution of Supreme Court in Calcutta ushered in an era of independent

judicial administration. Sadly enough it came to an end with the passage of the
Act of Settlement, 1781.[vi] After the Battle of Plassy 1757 a
centralised  administrative  system was formed to make  laws. Subsequently
several regulations were passed to set straight the administrative justice system;
one of them being the Cornwallis Code, 1793.[vii] The other one is §108 of
Regulation Act 1822 which required  administrative  agencies to keep a tab of
facts, evidence and decision. The court had power to
control  administrative  actions but it provided great respect and attention to
the  administrative  decision. Till the closing stages of British rule the Indian
Government was mostly concerned with the primary duties singley.[viii]

Advent of Administrative action in India

The Indian Constitution has adopted and adapted itself to the policy of welfare
state. Various provisions of the Constitution such as Article 39 require the state
to direct its policy towards adequate means of livelihood.[ix] Article 47 talks
about rising of the level of nutrition and standard of living of citizens of India,
while articles 32 and 226 confer the power to Supreme Court and High Courts
respectively to issue writs.[x] In addition the constitution itself provides for
setting up of  administrative  agencies. Article 315 talks about Public Service
Commission in India and article 329 talks about Election Commissions.[xi]
Growth of administrative action

In the case of A.D.M Jabalpur v. Shivkant Shukla[xii] an attempt was made to

challenge the  administrative  order during emergency on the ground that it
violates the principle of Rule of Law. Though the contention didn’t succeed but it
was clearly established that Rule of  Law  can be used as a legal concept. In
Kesavananda Bharti v. State of Kerala[xiii] the Rule of Law was considered the
basic structure of Indian constitution. In Indira Nehru Gandhi v. Raj Narain[xiv]
judges held that Article 329A offends the concept of Rule of  Law. The Court in
case of Som Raj v. State of Haryana[xv] observed that the absence of arbitrary
power is the first postulate of Rule of Law.

The contemporary concept of Rule of  Law  is rather wide. This concept was
developed by International Commission of Jurists. It implies that the job of
government is to exercise its powers and to create conditions in which the
dignity of man as an individual is upheld.[xvi] During the past few years the
Supreme Court of India has developed some well founded principles of third
world jurisprudence. This can be seen by the extension of the Rule of Law to the
underprivileged and the downtrodden, the ignorant and the illiterate who form
a significant portion of the population in India.[xvii] This was established by the
Supreme Court in response to a letter drawing attention to unjustified and illegal
detention of certain prisoners in jail for almost two to three decades in the case
of Veena Seth v. State of Bihar[xviii]

Reasons for growth of administrative action[xix]

Changed relations of Authorities and Citizens

It can be seen from the present set up of Administration that relation of the
public authorities with the citizens has changed to a huge extent. Citizens earlier
were not directly involved with the administration. There was a chasm between
the Administrative organs and the citizens. Currently in most of the States there
is a democratic process involved with the administration. Citizens now are
closely  assolated  with  the  state  Administration and considered an integral
part.  In  view  of  these  changing relations the basic structure of the legal set up
was rearranged, leading to the growth of administrative action.

Origin of welfare state

The concept of welfare state was developed in the 20th

century. According to the doctrine the basic objective of the State Administration
  is  to  achieve maximum welfare for the masses.  All the policies of the state
should aim at maximising welfare of the people. This lead to increased functions
of the State. Increase in functions of the states created complexities. Therefore it
was necessary to develop administrative field to cater to these increased
functions.

Shortage of Courts 
It’s a well known fact that the Indian judiciary is overburdened with the huge
array of pending cases. It will be almost impossible for the courts to solve the
ever  crowded problems of Administration in addition to the already pending
cases. Therefore quasi-judicial and quasi-legislative bodies are given impetus, to
reduce the already existing load on the judiciary.

Technical expertise of Administrative organs

Administrative law deals with the everyday needs of the people and the ground
realities of the country. They range from the simplest clerical functions to the
most technical functions like taxation. This requires technical expertise to
ensure that all the functions are done efficiently and that the citizens don’t have
any grievances. Administrative action being extremely specialised, having dual
nature of legislature and judiciary favours this and helps undertake all
administrative functions smoothly

Amalgamation of both judicial and administrative functions

Administrative organs have been created in accordance with the doctrine of

separation of powers. The executive, legislature and judiciary function
separately even these organs had to coordinate to ensure smooth functioning of
Administrative law. However this led to a ruckus. Therefore Administrative
action had to be evolved.

Mounting pressure on the Parliament and deficiency of time

The horizon of state activities is expanding with the bulk of legislations rapidly
increasing. Therefore, it’s neither pragmatic nor possible for the legislature to
devote enough time to discuss everything to the minutest detail. Therefore, the
legislature provides the bare skeleton of all rules and regulation and empowers
the executive to breathe life into it by filling the requisite details. Also as rightly
observed by the ‘Committee on Ministers’ Powers’ that if the legislature won’t
delegate its law-making power then it won’t be able to pass the mind and quality
that modern public opinion requires.

Flexibility
Parliament cannot foresee all the contingencies while passing an enactment. To
rise up to such emergencies, mechanisms are required. A legislative amendment
is a slow and cumbersome process. However by way of delegated legislation
onto quasi-legislative bodies these situations can be handled expeditiously. This
is also the reason why several statutes have removal of difficulty clauses to
empower administrative action to take charge.

Experiment

Delegation of legislation provides the executive room for experimentation. This

provides for rapid utilisation of experience, talent and implementation of the
changes as and when needed. For instance, in matters of an experiment done
with respect to traffic norms will help the administrative authority better
understand the actual effect of such norms and work to cater to all the interests
of all the stakeholders involved. If the changes made are successfully
implemented, they are satisfactory. In case there are problems, the same can be
cured immediately 

Emergency

In  times  of nation-wide  emergency, quick  action at the behest of the

government is required to ensure minimum to no damage to public and public
property.  The  legislature in not equipped with the ability to handle exigencies
since it  can’t provide effective action in the least possible time. Administrative
action is the only convenient and indeed the only possible remedy. Thereby in
times of exigencies such as war or famine, the executive is vested with immense
powers to swiftly and efficiently deal with such situations. Post World War II era
necessitated the need for quick remedial actions, leading to the growth of
administrative action.

Complexity of modern administration

The complexity of modern administration and the expansion of the functions

of  the state to the economic and social sphere have rendered it is necessary to
resort to new forms of legislation and to give wide powers to various authorities
on suitable occasions
Importance[xx]

Administration and administrative law has become an all pervading feature of

modern life. The spectrum of administration includes in itself:

To make policy decisions

To execute and administer law
To take multiple decisions pertaining to the overlapping regions between
legislature and executive and executive and the judiciary
Varied traditional and non-traditional administrative functions
Issuing of plethora of rules, regulations, and orders, etc of general nature or
otherwise.

Conclusion

Simply put, the reason behind the growing importance of Administrative law is
the  assumption of  very wide powers by  the Administrative authorities. This
includes legislative and judicial powers which result in bolstering the status of
India as a social welfare state.

Since Administrative law is primarily concerned with the control over the exerci
se  of  its powers, i.e. to prevent Administrative authorities from power crazed
tyrants, administrative action has become subject of growing interest and
necessity. Therefore, there has been rapid growth of delegated legislation and
growth of both quasi-judicial and quasi-legislative actions. In all it has become
an integral part modern day government action and functioning.

Frequently Asked Questions

1. Does arming the administration with more and more powers keep in view the
interests of the individual?

In the modern government there is a catena of functions performed by it.

Therefore it is expedient to create an alternate authority that can cater to this
increased bundle of duties and responsibilities. This will help in efficient
working and help protect citizen rights better. This in turn will ensure that
citizen rights are taken care of. 
2. Are adequate precautions being taken to ensure that the administrative
agencies follow in discharging their functions such procedures as are
reasonable, consistent with the rule of law, democratic values and natural
justice?

Yes several control mechanisms are in action in India to prevent any abuse of
power. Parliament has control in that the enabling or parent Act passed by
Parliament sets out the framework or parameters within which delegated
legislation is made. In India, the question of control on rule-making power
engaged the attention of the Parliament. n almost all the Commonwealth
countries, the procedure of ‘Laying on the Table’ of the Legislature is followed. It
serves two purposes: firstly, it helps in informing the legislature as to what all
rules have been made by the executive authorities in exercise of delegated
legislation, secondly, it provides a forum to the legislators to question or
challenge the rules made or proposed to be made. Moreover there is the
provision of judicial review.

3. Have adequate control mechanism been developed so as to ensure that the

administrative powers are kept within the bounds of law, and that it would not
act as a power drunk creature, but would act only after informing its own mind,
weighing carefully the various issues involved and balancing the individual’s
interest against the needs of social control?

There are various control mechanisms developed to ensure that administrative

bodies don’t act as power drunk creatures. Parliamentary control mechanisms,
such as laying; judicial control mechanisms, such as judicial review ensure that
administrative actions is exercised within its bounds, by careful balancing of
individual, social and state interests.  

4. What are the grounds for judicial review of administrative action in India?

The Constitution enshrines in itself the provision for judicial review in order to
maintain the Principle of checks and balances. In case any administrative
actions goes against the part III of the constitution or is enacted ultra vires or
has any other defect or inconsistency, then it is subject to judicial review. The
Courts evaluate the constitutionality of the impugned administrative action. In
case of inconsistency either it is amended or read down or declared to be void.
In case it passes the test of constitutionality, it remains in force.
5. What is the classification of administrative action in India?

There are 3 kinds of administrative actions in India:

Pure administrative
Quasi-legislative
Quasi-judicial

Edited by Shikhar Shrivastava

Approved & Published – Sakshi Raje 

Reference

[i] C.K Thakkar, Administrative Law, Introduction, Historical growth and development,  p 11

[ii] Law and the constitution (1915) 329

[iii] Law and the constitution (1915) 329

[iv] Administrative Law Text (1959) 1

[v] C.K Thakwani , Lectures on Administrative Law, Introduction, p 14

[vi] C.K Thakwani , Lectures on Administrative Law, Introduction, p 14

[vii] C.K Thakwani , Lectures on Administrative Law, Introduction, p 14

[viii] C.K Thakwani , Lectures on Administrative Law, Introduction, p 14

[ix] Chakravarti, Administrative Law (1970) 166

[x] Chakravarti, Administrative Law(1970) 166

[xi] Chakravarti, Administrative Law(1970) 167

[xii] (1976) 2 SCC 521

[xiii] (1973) 4 SCC 225

[xiv] AIR 1975 SC 2299

[xv] (1990) 2 SCC 653

[xvi] Basu, D.D., Administrative Law (6th Edn., 2004), p. 40.

[xvii] Basu, D.D., Administrative Law (6th Edn., 2004), p. 41.

[xviii] (1982) 2 SCC 583.

[xix] Sathe, S.P., Administrative Law (7th Edn., 2004), p. 50

[xx] Sathe, S.P., Administrative Law (7th Edn., 2004), p. 7

Team @Law Times Journal

Hello. We are team members of Law Times Journal. Editorial members at Law Times Journal is a team of writers led by
Vedanta Yadav. Want to become a writer at Law Times Journal? Send your current work/resume with title "Resume-Editor"
at vedantayadav@lawtimesjournal.in