Definition of Administrative Law and Scope

A project report submitted in partial fulfilment of the course Administrative Law for the
requirement of degree of B.A., LL.B. (Hons.) for the Academic Session 2020-21
Administrative Law

Submitted by:

Andlib Imrose
B.A., LL.B. (Hons.)
3rd Year, 6th Semester
Roll no. 1915
Submitted to:

Prof. Dr. Ali Mohammad &Prof. Dr. Fr. Peter Ladis F.

Faculty: Administrative Law

April, 2021

CHANAKYA NATIONAL LAW UNIVERSITY

PATNA

1|Page
2|Page
 ACKNOWLEDGEMENT

Writing a project is one of the most significant academic challenges, I have ever faced.
Though this project has been presented by me but there are many people who remained in
veil, who gave their all support and helped me to complete this project.
First of all I am very grateful to my subject teacher Dr. Fr. Peter Ladis F and Prof. Dr. Ali
Mohammad the kind support and help of whom the completion of the project was a herculean
task for me. She donated her valuable time from his busy schedule to help me to complete
this project and suggested me from where and how to collect data .I am very thankful to the
librarian who provided me several books on this topic which proved beneficial in completing
this project.
I acknowledge my friends who gave their valuable and meticulous advice which was very
useful and could not be ignored in writing the project.
Last but not the least, I am very much thankful to my parents and family, who always stand
aside me and helped me a lot in accessing all sorts of resources.
I thank all of them!

3|Page
 DECLARATION BY THE CANDIDATE

I hereby declare that the work reported in the B.A., LL.B. (Hons.) Project Report entitles
“Definition of Administrative Laws and Scope”Submitted at Chanakya National Law
University; Patna is an authentic record of my work carried out under the supervision of
Dr. Fr. Peter Ladis F and Prof. Dr. Ali Mohammad. I have not submitted this work
elsewhere for any other degree or diploma. I am fully responsible for the contents of my
Project Report.

(Signature of the Candidate)

Andlib Imrose
Chanakya National Law University, Patna

4|Page
 1. INTRODUCTION

In the field of law, the most significant and outstanding development of the 20th century is
the rapid growth of administrative law. It does not, however, mean that there was no
administrative law before this century. Since many years it has been very much in existence.
But in this century, the philosophy as to the role and function of the state has undergone a
radical change. There was increase in governmental functions.
Today, the state is not merely a police state, exercising sovereign functions, (protecting the
population from external aggression and from internal strife and for this collecting taxes from
the people) but as a progressive democratic welfare state, it seeks to ensure social security
and social welfare for the common man1, regulates the industrial relations exercises control
over production manufacture and distribution of essential commodities; starts many
enterprises, tries to achieve equality for all and equal pay for equal work. (Ref. Directive
Principles of state policy enumerated in the constitution of India)
Today, the state is required to look after the health, and morals of people, provide education
to children and takes all the steps which social justice demands. All these developments have
widened the scope and ambit of administrative law.
Administrative law is a branch of public law which is concerned with the composition powers
duties rights and liabilities of the various organ of Government which are engaged in public
administration.2 In framing this definition powers rather than rights and liabilities are of
primary importance. So, administrative law is first and foremost concerned with the
discretion which normally accompanies the grant of power.

1.1 Research Methodology

1
Wide & Forsyth, Administrative Law (2009)
2
Craig, Administrative Law (2007)

5|Page
The research is done using various primary and secondary resources of data. The method of
research is doctrinal. Some Administrative Laws textbooks and authors writing are used in
purpose of doing research. Also, secondary source of data was also put in use in research.

1.2 Research Questions

 How the growth of Administrative law took place?
 How Administrative Law could be defined?
 What is scope of Administrative Law?

1.3 Aims & Objectives

 To know about various definition of Administrative Law
 To know how the growth of Administrative Law took place
 To define the nature and scope of Administrative Law
 To know about recent development in scope of Administrative Law

1.4 Hypothesis

 My first hypothesis it is difficult to provide any precise definition of

Administrative Law.

 My second hypothesis is there is no limitation in the scope of Administrative

Law.

1.5 Sources of Data

The researcher has utilized the primary and secondary sources of information in the project.
The primary sources include judicial enactments, international enactments etc. The secondary
sources books, web journals, magazines, articles and blogs.

1.6 Limitation
There was limited access to data. The time available to study research problem and to
measure change over time is constrained by the deadline of the assignment.
2. GROWTH OF ADMINISTRATIVE LAW

6|Page
Administrative law is the bye-product of the growing socio-economic functions of the State
and the increased powers of the government. Administrative law has become very necessary
in the developed society, the relationship of the administrative authorities and the people have
become very complex. In order to regulate these complex, relations, some law is necessary,
which may bring about regularity certainty and may check at the same time the misuse of
powers vested in the administration. With the growth of the society, its complexity increased
and thereby presenting new challenges to the administration we can have the appraisal of the
same only when we make a comparative study of the duties of the administration in the
ancient times with that of the modern times. In the ancient society the functions of the state
were very few the prominent among them being protection from foreign invasion, levying of
taxes and maintenance of internal peace & order. It does not mean, however that there was no
administrative law before 20th century. In fact administration itself is concomitant of
organized Administration. In India itself, administrative law can be traced to the well-
organized administration under the Mauryas and Guptas, several centuries before the Christ,
following through the administrative, system of Mughals to the administration under the East
India Company, the precursor of the modern administrative system. 3But in the modern
society, the functions of the state are manifold, In fact, the modern state is regarded as the
custodian of social welfare and consequently, there is not a single field of activity which is
free from direct or indirect interference by the state. Along with duties, and powers the state
has to shoulder new responsibilities. The growth in the range of responsibilities of the state
thus ushered in an administrative age and an era of Administrative law. The development of
Administrative law is an inevitable necessity of the modern times; a study of administrative
law acquaints us with those rules according to which the administration is to be carried on.
Administrative Law has been characterized as the most outstanding legal development of the
20th-century. Administrative Law is that branch of the law, which is concerned, with the
composition of powers, duties, rights and liabilities of the various organs of the Government.
4
The rapid growth of administrative Law in modern times is the direct result of the growth of
administrative powers. The ruling gospel of the 19th century was Laissez faire which
manifested itself in the theories of individualism, individual enterprise and self help. The
philosophy envisages minimum government control, maximum free enterprise and
contractual freedom5. The state was characterized as the law and order state and its role was
3
V.G. Ramachandran, Administrative Law (1984)
4
Wade, Administrative Law, 5th Edition
5
Maitland, Constitutional History of England (1955)

7|Page
conceived to be negative as its internal extended primarily to defending the country from
external aggression, maintaining law and order within the country dispensing justice to its
subjects and collecting a few taxes to finance these activities. It was era of free enterprise.
The management of social and economic life was not regarded as government responsibility.
But laissez faire doctrine resulted in human misery. It came to be realized that the bargaining
position of every person was not equal and uncontrolled contractual freedom led to the
exploitation of weaker sections by the stronger e.g. of the labour by the management in
industries. On the one hand, slums, unhealthy and dangerous conditions of work, child labour
wide spread poverty and exploitation of masses, but on the other hand, concentration of
wealth in a few hands, became the order of the day. It came to be recognized that the state
should take active interest in ameliorating the conditions of poor.This approach gave rise to
the favoured state intervention in and social control and regulation of individual enterprise.
The state started to act in the interests of social justice; it assumed a “positive” role. In course
of time, out of dogma of collectivism emerged the concept of “Social Welfare State” which
lays emphasis on the role of state as a vehicle of socio-economic regeneration and welfare of
the people. Thus the growth of administrative law is to be attributed to a change of
philosophy as to the role and function of state.
The shifting of gears from laissez faire state to social welfare state has resulted in change of
role of the state. 6This trend may be illustrated very forcefully by reference to the position in
India. Before 1947, India was a police state. The ruling foreign power was primarily
interested in strengthening its own domination; the administrative machinery was used
mainly with the object in view and the civil service came to be designated as the “steel
frame”. The state did not concern itself much with the welfare of the people. But all this
changed with the advent of independence with the philosophy in the Indian constitution the
preamble to the constitution enunciates the great objectives and the socioeconomic goals for
the achievement of which the Indian constitution has been conceived and drafted in the mid-
20th century an era when the concept of social welfare state was predominant. It is thus
pervaded with the modern outlook regarding the objectives and functions of the state.
It embodies a distinct philosophy which regards the state as on organ to secure good and
welfare of the people this concept of state is further strengthened by the Directive Principles
of state policy which set out the economic, social and political goals of Indian constitutional
system.7 These directives confer certain non-justiceable rights on the people, and place the

6
Robson, Administrative Law in England.
7
M.P Jain, The Evolving Administrative Law

8|Page
government under an obligation to achieve and maximize social welfare and basic social
values of life education, employment, health etc. In consonance with the modern beliefs of
man, the Indian constitution sets up machinery to achieve the goal of economic democracy
along with political democracy, for the latter would be meaningless without former.
Therefore, the attainment of socio-economic justice being a conscious goal of state policy,
there is a vast and inevitable increase in the frequency with which ordinary citizens come into
relationship of direct encounter with state power holder.

3. DEFINITIONS OF ADMINISTRATIVE LAW

9|Page
Administrative Law is, in fact, the body of those which rules regulate and control the
administration. Administrative Law is that branch of law that is concerned with the
composition of power, duties, rights and liabilities of the various organs of the Government
that are engaged in public administration. Under it, we study all those rules laws and
procedures that are helpful in properly regulating and controlling the administrative
machinery.
There is a great divergence of opinion regarding the definition/conception of administrative
law. The reason being that there has been tremendous increase in administrative process and
it is impossible to attempt any precise definition of administrative law, which can cover the
entire range of administrative process.

Ivor Jennings in his "The law and the constitution, 1959" provided the following definition
of the term "administrative law".
According to him, "administrative law is the law relating to the administrative authorities 8".

Jennings has defined Administrative Law as “the law relating to the administration. It
determines the organization, powers and duties of administrative authorities.”
This is the most widely accepted definition, but there are two limitation of this definition.
(a) It is very wide definition, for the law which determines the power and functions of
administrative authorities may also deal with the substantive aspects of such powers.

For example: - Legislation relating to public health services, houses, town and country plan
etc. But these are not included within the scope and ambit of administrative law, and
(b) It does not distinguish administrative law from constitution law.

According to K. C. Davis, "Administrative law as the law concerning the powers and
procedures of administrative agencies, including especially the law governing judicial
review of administrative action9".

In one respect this definition is proper as it puts emphasis on procedure followed by

administrative agencies in exercising’

8
Wade & Forsyth, Administrative Law (2009)
9
Administrative Law Text (1959)

10 | P a g e
 their powers. However, it does not include the substantive laws made by these agencies.
According to Davis, an administrative agency is a governmental agency is a governmental
authority, other than a court and legislature which affects the rights of private parties either
through administrative adjudication or rule making.
The difficulty in accepting this definition, however, is that it does not include many non-
adjudicative yet administrative functions that are non-legislative or merely quasi-judicial in
nature. Another difficulty with this definition is that it puts an emphasis on the control of the
administrative functions by the judiciary, but does not study other equally important controls,
e.g. parliamentary control of delegated legislation, control through administrative appeals or
revisions and the like.

According to Wade any attempt to define administrative law will create a number of
difficulties. But if the powers and authorities of the state are classified as legislative,
administrative and judicial, then administrative law might be said "the law which concerns
administrative authorities as opposed to the others10".

Again, there is some limitation with this definition also. It fails to distinguish administrative
law from constitutional law. Like Jennings’ definition mentioned above, this is also very
wide definition. It includes the entire legal field except the legislature and the Judiciary. It
also includes the law of local government. It is also said that it is not possible to divide
completely and definitely the functions of legislative, executive and judiciary.
It is very difficult to say precisely where legislation ends and administrative begins. Though
enacting a law is functioning of the legislature the administrative authorities, legislate under
the powers delegated to them by the legislature and this delegated legislation is certainly a
part of administrative law.

According to Jain and Jain, "Administrative law deals with the structure, powers and
function of the organs of administration, the limits of their powers, the methods and
procedures followed by them in exercising their powers and functions, the method by which

10
Wade and Forsyth, Administrative Law (2009)

11 | P a g e
their powers are controlled including the legal remedies available to a person against them
when his rights are infringed by their operation11".
Administrative law, according to this definition, deals with four aspects:-
1. It deals with composition and the powers of administrative authorities.
2. It fixed the limits of the powers of such authorities.
3. It prescribes the procedures to be followed by these authorities in exercising such
powers and,
4. It controls these administrative authorities through judicial and other means.

According to Griffith and Street, the main object of Administrative law is the operation and

control of administrative authorities, it must deal with the following three aspects12 :-

1. What are the limits of those powers?

2. What sort of power does the administration exercise?

3. What are the ways in which the administrative is kept within those limits?

According to the Indian Law Institute, the following two aspects must be added to have a

complete idea of the present - day administrative law 13:-

4. What are the procedures followed by the administrative authorities?

5. What are the remedies available to a person affected by administration?

The Indian Institution of Law has defined Administrative Law in the following words;
“Administrative Law deals with the structure, powers and functions of organs of
administration, the method and procedures followed by them in exercising their powers and
functions, the method by which they are controlled and the remedies which are available to a
person against them when his rights are infringed by their operation14.”

11
Principles of Administrative Law (2013)
12
Principles of Administrative Law (1967)
13
Cases and Materials on Administrative Law in India, Vol 1 (1966)
14
https://thefactfactor.com/facts/law/civil_law/administrative-law/administrative-law/2321 / (Last visited on
March 28, 2021 at 9:50pm)

12 | P a g e
According to Garner, administrative law may be described as "Those rules which are
recognised by the court as law and which relates to and regulate the administration of
government."

Austin regarded Administrative Law as determining the ends and modes to and in which the
sovereign powers shall be exercised15. They shall be exercised:
1) Directly by the monarch or sovereign member or
2) Directly by the subordinate political superiors to whom portions of those are delegated or

Bernard Schwartz in his book an introduction to American Administrative Law 1985

defines administration law as the law applicable to those administrative agencies which
posses’ powers of delegated legislation and or ad judicatory authority. 16

Wade and Philips defines it as the law relating to the organization and service performed
by the various administrative agencies of government. It deals with the powers of all such
bodies and determines their rights and duties17.

Bernard Schwartz has defined Administrative Law as “the law applicable to those
administrative agencies which possess of delegated legislation and ad judicatory
authority18.”

Dicey in 19th century defines it as19:

Firstly, portion of a nation’s legal system which determines the legal statues and liabilities of
all State officials.
Secondly, defines the rights and liabilities of private individuals in their dealings with public
officials.
Thirdly, specifies the procedure by which those rights and liabilities are enforced.

15
https://www.abyssinialaw.com/ (Last visited on March 28, 2021 at 9:50pm)
16
http://www.legalserviceindia.com/legal/article-67-administrative-powers-and-discretionary-powers.html
(Last visited on March 28, 2021 at 2:30pm)
17
https://blog.ipleaders.in/general-facts-to-know-about-administrative-law/ (Last visited on March 29, 2021 at
2:30pm)
18
https://strictlylegal.in/administrative-law-an-introduction/ (Last visited on March 30, 2021 at 1:00pm)
19
Dicey, Law of Constitution, 329.

13 | P a g e
This definition suffers from certain imperfections. It does not cover several aspects of
administrative law, e.g. it excludes the study of several administrative authorities such as
public corporations which are not included within the expression “State officials,” it excludes
the study of various powers and functions of administrative authorities and their control. His
definition is mainly concerned with one aspect of administrative law, namely, judicial control
of public officials.

In the view of Friedman, Administrative Law includes the following20.

 The legislative powers of the administration both at common law and under a vast
mass of statutes.
 The administrative powers of the administration.
 Judicial and quasi-judicial powers of the administration, all of them statutory.
 The legal liability of public authorities.
 The powers of the ordinary courts to supervise the administrative authorities.

It is indeed difficult to evolve a scientific precise and satisfactory definition of administrative

law. Many jurists have attempted to define it. But none of the definitions has completely
demarcated the nature, scope and contents of Administrative Law. Either the definitions are
too broad and include much more than what is necessary or they are too narrow and do not
include all the necessary contents.

The unbelievable diversity in definitions of the term “administrative law” is also due to the
fact that every administrative law specialist tries to lay more emphasis on any one particular
aspect of the whole administrative process, which according to his own evaluation deserves
singular attention Prof.Upendra Baxi thus lays special stress in the protection of the “little
man”from the arbitrary exercise of public power. According to him, administrative law is a
study of the holders of public power for the ruled is this the focal point of this formulation:

The basic expectation in a rule of law society is that holders of public power and authority
must be able to publicly justify their action as legally valid and socially wise and just

20
http://administrativelaw.lawnotes16mrks.com/administrativelawnatureandscope.html (Last visited on April 1,
2021 at 10:30pm)

14 | P a g e
therefore administrative law is one part of this valiant enterprise of accountability. In any
rule of law society general form of accountability do exist. Legislators go to polls
periodically ,errant judges could be impeached l, bureaucrats are responsible to the elected
politicians. These forms of general accountability become very feeble in any developing
society because of poverty,illiteracy and ignorance of the masses. Consequently ,the study of
administrative law assumes special significance in any developing society for the
development of more specific form of accountability21.

Against this backdrop of situation prevailing in India administrative law today remains only
as instrument of middle class Indians to combat governmental power through courts for our
purpose we may define administrative law as that branch of public law which deals with the
organisation and powers of administrative and quasi administrative agencies and prescribe
principles and rules by which an official action is reached and reviewed in relation to
individual Liberty and freedom.22 Thus defined, administrative law attempts to regulate
administrative space, domestic and global, in order to infuse fairness and accountability in the
administrative process necessary for securing equity and inclusiveness in the domestic and
world order.

4. SCOPE OF ADMINISTRATIVE LAW

21
Davis, Administrative Law Text (1959)
22
ibid

15 | P a g e
Administrative law is a law, but it is not a law in the lawyer’s sense of the term like property
or contract law.23 It is a law in the realist’s sense of the term which includes statute law,
administrative rule-making, precedents, customs, administrative directions, etc. it also
includes the study of something which may not be termed “law” in the true sense of the term
such as administrative circulars, policy statements, memoranda and resolutions, etc. Besides
this, it includes within its study “higher law” as well, like the principles of natural justice.
However, in India, administrative law, basically and wholly, remains judge-made law and,
thus, suffers from “the frailties and benefits from the strengths of judicial law-maling”.
Consequently, personal and institutional conatraints make the growth of administrative law
vulnerable to judicial meanderings and tentativeness.
It is a branch of public law in constradistintion to private law which deals with the
relationships of individuals inter se. Therefore, administrative law primarily deals with the
relationships of individuals with the organized power. It deals with the organization and
powers of administrative and quasi-administrative agencies. The stress on the study of
organization is only to the extent that it is necessary to understand the powers, characteristics
of actions, procedure for the exercise of those powers and the control mechanism provided
therein. The study invludes not only administrative agencies but also the quasi-administrative
agencies such as corporations, firms, autonomous agemcies, individuals, and civil society
institutions, both national and global, and the like operating in public space and excercising
public functions
Administrative law includes the study of the existing principles and also the developments of
certain new principles which administrative and quas-administrative agencies must follow
while excercising their powers in relation to individuals, i.e. the principles of natual jutice,
reasonableness and fairness24.
It primarily concerns itself with the official action which may be
(a) Rule-making or quasi-legislative action,
(b) Rule-decision or quasi judicial action,
(c) Rule-application or administrative action,
(d) Ministerial action or pure administrative action.

23
https://us.sagepub.com/sites/default/files/upm-assets/72280_book_item_72280.pdf (Last visited on April 1,
2021 at 10:30pm)
24
http://www.legalserviceindia.com/legal/article-1659-principles-of-natural-justice-in-the-light-of-
administrative-law.html (Last visited on April 2, 2021 at 9:30pm)

16 | P a g e
Besides these main actions, the actions which are incidental to the main action are also
covered within its study. Such incidental actions may be investigatory, supervisory, advisory,
declaratory and prosecutor.
One of the main thrusts of the study of administrative law is on the procedure by which the
official action is reached. If the means (procedure) are not trustworthy, the end cannot be just.
There is a bewildering variety in the procedure which the administrative agencies follow in
reaching action. Such procedure may be laid down
(a) In the statue itself under which the administrative agency has been created
(b) In the separate procedure code which every administrative agency is bound to follow,
i.e Administrative Procedure Act, 1946 in the US and Tribunals and Enquiries Act,
1958 in England.

However, in many more cases either administrative agency is left free to develop its own
procedure or it is required to render its actions according to the minimum procedure of the
principles of natural justice25.
Administrative law also includes within its study the control mechanism by which the
administrative agencies are kept within bounds and made effective in the service of the
individuals.26 This control mechanism is technically called the “review process”. An
administrative action may be controlled by
(a) Courts excercising writ jurisdiction through the writs of habeas corpus, mandamus,
certiorari, prohibition and quo warranto.
(b) Courts excersing ordinary judicial power through suits, injuctions and declaratory
actions.
(c) Statutory authorities like ombudsman, Human Rights Commissions, and other
investigative agencies
(d) Higher administrative authorities
(e) Public opinion, and mass media in 20th century is also an important control on any
administration which a student of administrative law cannot lose sight of. In the US,
opinion polls and mass media exercise much more effective control inasmuch as this
control mechanicsm has the potentiality of pre-empting any adverse administrative
decision.

25
https://taxguru.in/corporate-law/sc-explains-infraction-principles-natural-justice-validity-orders-passed.html
(Last visited on April 3, 2021 at 5:30pm)
26
https://www.britannica.com/topic/administrative-law (Last visited on April 3, 2021 at 9:50pm)

17 | P a g e
 Civil society and interest representations also plays an important role in controlling the
arbitrary exercise of public power, both at the pre-natal and post natal stages 27. Though in
India this form of control is at the take-off stage, yet organizations such as Consumer
Protection and Research Society, Society for the Protection of Civil Liberties, Chipko
Movement and other consultative and advisory bodies have played a significant role in
this direction. “Easy access to justice” also provides an effective check on bureaucratic
adventurism in the exercise of public power. 28If the access to justice is easy and quick, it
may deter administrative instrumentalities from developing an attitude which has been
termed as “fly-now-pay-later. “Easy access to justice” includes procedural facility which
is cheap, speedy and less formalistic, legal aid, availability of advocates for public
interests litigation, intellectual capacity of party and active participation of the judges.
Uncontestably, this control mechanism in India is too weak to provide any effective check
on recidivist administrative deviance. Procedural law and practice is highly formalistic,
dilatory and expensive, and legal aid is merely a concept. Very few advocates are
available to take up public litgation. Lately, advocates and journalists are coming forward
to sponsor public interest litigation. Case in the courts relating to the illegal felling of
tress, environmental pollution, flesh trade, prison torture are some of the illustrations.
Recently, judges have also showed some signs of active participations. The Supreme
Court has demonstrated its eagerness to stretch its long arms, and in very many situations
it has treated a mere letter as a writ petition. All this will go a long way in influencing the
behavior of the custodians of public power.
Right to know, right to reply and discretion to disobey also have inherent potentialities of
proving effective, though indirect, in providing a check on administrative behavior.
The study of administrative law is not an end in itself but a means to end. The focal point
of the study of administrative law is reconciliation of power with liberty. When the
administrative process started rising after death of laissez faire at the birth of the 20 th
century, the stress on the study of administrative law was on circumstances of
administrative powers29. But now when the administrative process has come to stay, the
emphasis has shifted to the regulation of administrative powers. The paradox of the 21 st
century is the prolific growth in the powers of private sector, which on the one hand is

27
http://www.legalserviceindia.com/legal/article-2060-administrative-law-droit-administratif.html (Last visited
on April 4, 2021 at 7:30pm)
28
http://aclawresearch.blogspot.com/2012/12/what-is-control-mechanism-of.html Last visited on April 4, 2021
at 8:00pm
29
https://unesdoc.unesco.org/ark:/48223/pf0000021538 (Last visited on April 4, 2021 at 9:30pm)

18 | P a g e
 necessary for the promotion of human economic growth and freedom, but on the other
hand threatens to endanger individual freedom. Thus, courts must extend administrative
law principles to private spehere also30. Therefore, the main task of the students of
administrative law is to evolve certain principles and rules by which an ideal equilibrium
between the powers of the administration and the dictates of individual liberty can be
sustained.
The above formulation, however, only delineates the scope of administrative law as is
commonly accepted in common-law world. Administrative law specialists in England and
India mainly focus their attention on various aspects of judicial control of administrative
decision and actions31. In the study of such topics as tribunals and enquiries, the emphasis
is likely to be between these institution and the courts as alternative methods of
controlling administrative action. These specialists rarely delve into administrative
process itself to consider how government departments and other administrative agencies
actually operate, or how and the administrative process could be more effective and
efficient reform from within. Such matters are usually left to political scientists, and
administrative lawyers are content to debate the question of proper role courts in
reviewing administrative action. On the contrary, American administrative law specialists
discard such a limited vision. In the US, administrative law is seen to be as much
concerned with what goes on inside the fourth branch( administration) of the government
as it is with judicial scrutiny of the administrative process.
James O. Freedman32, therefore felt concerned with the legitimacy of administrative
process rather than the legitimacy for:
 Failure of the administrative agencies to conforn the constitutional parameters
 Public ambivalence towards the substantive policies sought to be achieved by
some agencies
 Departure made from judicial process procedure in decision making
 Scepticism about administrative expertise and bureaucratic expansion
 Apparent absence of direct political accountability
 Problems created by the broad delegation of legislative powers.
Viewed against this perpective, adminstraive law becomes an all-pervasive legal
discipline. Principles of administrative law emerge and develop whenever and

30
ibid
31
https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/970797/IRA
L-report.pdf (Last visited on April 2, 2021 at 9:30pm)
32
Freedman, Crisis and Legitimacy (1978)

19 | P a g e
 wherever any person becomes the victim of the arbitrary exercise of public power.
And the allegations of arbitrary exercise of power can be raised in almost all areas
of substantive law. Therefore, it will not be incorrect to say that no one can
specialize in administrative law.

From the few lines above explaining the meaning of the Administrative law, we can notice
the exact scope of this new branch of Law.
 The scope of Administrative law can be narrated as under :-
 The methods and procedures of these Administrative organs are also studied by this
new branch of law.
 It covers the nature of structure, powers and functions of all these administrative
organs.
 It also makes available all the relevant remedies to the persons whose rights are
infringed by the operations of these organs during the course of Administration.
 Why and How the Administrative Organs are to be controlled is also viewed by the
Administrative law.
In this way along with the development in the Political Science and along with the idea of
federal Administration, the separate branch of Administrative law has been developed.

5. Some Recent development in Scope of Administration Law in India

A trend discernible post 1965 within the judgments of the Supreme Court is the control of
discretionary powers of the government. In a society ruled via the "rule of law" it is essential

20 | P a g e
that the person's rights must not be dependent on the whims of an official, a risk likely to
arise if the government enjoys untrammelled discretion or strength. However, there is no
signal of abatement of the outstanding discretionary powers of the management. One of the
safeguards given to the individual in opposition to the substantial powers of the state are
procedural. The Supreme Court has been exercising an energetic and a commendable role in
evolving these safe-guards. Three instances, P. L. Lakhanpal v. Union of India 33 , Union of
India v. Indo-Afghan Agencies Ltd34 . and State of Assam v. Bharat Kala Bhandar 35 ,
represent the high water-mark of this improvement. These cases display that our Supreme
Court is pretty lively in responding to the demand made upon it. It is quite vigilant in
shielding individual liberty without, at the same time, unduly hampering the project of the
authorities in organising a welfare state

The Lakhanpal36 case pertained to the Defence of India Guidelines 1962 which conferred
power on the government to detain someone if it became satisfied that his actions had been
prejudicial to defence, public protection and public order. It was in advance held that because
the Act became an emergency measure, it was a matter of subjective satisfaction for the
government to make an order of detention. The applicable regulations additionally require
that an order must be reviewed every six months. The feature of review was additionally held
to be administrative on the ground that the preliminary order was executive (or
administrative). but, within the Lakhanpal case, the Supreme Court overruled this function
and held that the review characteristic of detaining authority became quasi-judicial. It stated
that there lay a distinction within the power to detain someone and the power in persevering
with his detention. The latter needed to be decided objectively, i.e., upon the applicable
material accumulated and by means of weighing the evidence introduced before it. The court
additionally said that it might not be viable for the authority to accomplish that until the
individual involved is given an opportunity to correct or contradict such proof either via
explanation or via different materials which he can place before the authority.4

33
P. L. Lakhanpal v. Union of India, A.I.R. 1967 S.C. 150
34
Union of India v. Indo-Afghan Agencies Ltd, A.I.R. 1965 S.C. 718.
35
State of Assam v. Bharat Kala Bandar, A.I.R. 1967 S.C. 17C8
36
Ibd at 31

21 | P a g e
The second case, Union of India v. Indo-Afghan Agencies Limited 37, is crucial due to the fact
the Supreme Court carried out the doctrine of estoppel against the government on grounds of
equity. Normally, the rule is that no estoppel is to be had against a statute, the underlying
concept being that it is the legislature which prescribes the regulation and not the official who
has no authority to alter the provisions of a statute. If the government is made bound by way
of a representation of an official that is opposite to law it would imply that the executive can
alter the provisions of the Act which is the prerogative of the legislature in a democratic
society. The doctrine of estoppel then will be used to offer de facto validity to ultra vires
administrative acts. Similarly, if estoppel is available in opposition to the government in such
instances there's a chance that fraudulent or in-advertent actions of its officers may
additionally bind the government. In the Indo-Afghan Agencies case, however, the Supreme
Court implemented the doctrine of estoppel in opposition to the administration. In this
situation became involved the import policy of the government which contained an export
promoting scheme. Underneath this scheme an applicant was to receive an import licence for
exports made by way of him in accordance with the scheme. Assuming that this scheme did
no longer have a statutory power and as such the government was not bound by means of the
statements contained therein, the court nonetheless directed the licensing authority to provide
an import licence on grounds of equity. The precept of equity was invoked by the courtroom
due to the fact that the applicant performing on the representation of the department, had
exported the products in the desire of getting the import licence and hence had earned forex
for the country. The case for that reason establishes that in a few appropriate and exigent
instances the court might apply the doctrine on the idea of fairness against government
although, it's far difficult to state with precision the conditions in which this will be carried
out.

The 3rd case, State of Assam v. Bharat Kala Bhandar 38, may additionally now be taken into
consideration. Until recently it was believed that wherein a statute is silent, the only manner
to deduce hearing was through holding the administrative function quasi-judicial. In this
situation, however, the Supreme Court insisted on some hearing with out holding the function
to be quasi-judicial. The facts had been: a notification issued by the executive under the
Defence of India guidelines 1962, notified certain employments crucial "for securing public
protection and for retaining supplies and services vital to the life of community." Another

37
Ibid at 32
38
Ibid at 33

22 | P a g e
notification ordered payment of precise cost of living allowance to all workers drawing pay
up to Rs. 400 and additionally to workers hired on every day wages. About the previous
notification no objection as to hearing before its issue was made. However, about the latter
notification the court held that it became necessary to consult the interest before its problem
as its effect become to disturb settled commercial family members based totally on contracts
or business awards. It is apparent from the judgment that on account of the emergency the
court kept away from maintaining the administrative action as quasijudicial. The
pronouncement is a departure from the method hitherto followed that hearing may be inferred
only if an administrative feature is quasi-judicial. The case is crucial due to the problems in
classifying function first as quasijudicial and then inferring hearing. The essential difficulty
of classification sterns from the fact that one label "judicial" with its different ingredients and
outcomes is attempted to be connected to a spread of questions of different nature. What a
disciplinary authority needs to do in taking action against an employee for misconduct isn't
the same as what authorities need to do in approving the scheme for nationalization where
treatment to be meted out to an individual is one of the many matters to be taken into
consideration.

6. CONCLUSION AND SUGGESTION

23 | P a g e
The administrative law has come to stay because it provides an instrument of control of the
exercise of administrative powers. The administrative law has to seek balance between the
individual right and public needs. As we know in the society there exists conflict between
power and justice wherever there is power, there exist probabilities of excesses in exercise of
the power. One way is to do nothing about this and let the celebrated Kautilyan Matsanayaya
(big fish eating little fish) prevail. The other way is to try and combat this. Administrative law
identifies the excesses of power and endeavors to combat there.

The learned author, Upender Baxi, while commenting on the administrative law has rightly
observed: “to understand the stuff of which administrative law is made one has to understand
relevant domains of substantive law to which courts apply the more general principles of
legality and fairness39. In this way a thorough study of administrative law is in effect, a study
of the Indian legal system a whole. More importantly, it is study of the pathology of power in
a developing society.”

It is indeed difficult to evolve a scientific precise and satisfactory definition of administrative

law. Many jurists have attempted to define it. But none of the definitions has completely
demarcated the nature, scope and contents of Administrative Law. Either the definitions are
too broad and include much more than what is necessary or they are too narrow and do not
include all the necessary contents. Thus my first hypothesis that it is difficult to provide
any precise definition of Administrative Law proved.

The boundaries of administrative law extend only when administrative agencies and public
officials exercise statutory or public powers, or when performing public duties. In both civil
and common-law countries, these types of functions are sometimes called public law
functions to distinguish them from private law functions. The former govern the relationship
between the state and the individual, whereas the later governs the relationship between
individual citizens and some forms of relationships with the state, like relationship
For example, if a citizen works in a state owned factory and is dismissed, he or she would sue
as a private law function. However, if he is a civil servant, he or she would sue as a public
law function. Similarly, if residents of the surrounding community were concerned about a
decision to enlarge the state- owned factory because of environmental pollution, the legality

39
https://www.iilj.org/wp-content/uploads/2016/10/Dyzenhaus_The-Rule-of-Administrative-Law-in-
International-Law.pdf (Last visited on April 3, 2021 at 7:30pm)

24 | P a g e
of the decision could be reviewed by the courts as a ―public law function. The point here is
that the rules and principles of administrative law are applicable in a relationship between
citizens and the state; they do not extend to cases where the nature of the relationship is
characterized by a private law function. Thus my second hypothesis there is no limitation
in the scope of Administrative Law is disproved. Here we observed that administrative law
has certain boundaries and limitation.

The study of administrative law is not an end in itself but a means to end. The focal point of
the study of administrative law is reconciliation of power with liberty. When the
administrative process started rising after death of laissez faire at the birth of the 20 th century,
the stress on the study of administrative law was on circumstances of administrative powers 40.
But now when the administrative process has come to stay, the emphasis has shifted to the
regulation of administrative powers. The paradox of the 21st century is the prolific growth in
the powers of private sector, which on the one hand is necessary for the promotion of human
economic growth and freedom, but on the other hand threatens to endanger individual
freedom. Thus, courts must extend administrative law principles to private spehere also

BIBLIOGRAPHY

BOOKS REFERRED:

 Jain, M.P. & Jain, S.N.; (2007) Principles of Administrative Law, 6th Ed., Vol. II,
Wadhwa Nagpur.

40
https://unesdoc.unesco.org/ark:/48223/pf0000021538 (Last visited on April 3, 2021 at 7:30pm)

25 | P a g e
  I.P.Massey, Administrative Law, (7th ed.2008).
 Takwani C.K. (2007) Lectures on Administrative Law. Eastern Book Company,
Lucknow.
 BASU, D.O., Commentary on the Constitution of India, Vol. II (Calcutta, S.C. Sarkar
and Sons Ltd. 3rd ed., 1956)
 Document on Centre-State Relations, Indian Journal of Public Administration, Vol.
23
 JAIN, S.N., Judicial Review of Administrative Action: Pros and Cons of the Swaran
Singh Committee Recommendations, 16 Indian Advocate 55 (1976)

INTERNET /WEB RESOURCESREFERRED:

 www.jstor.org
 https://indiankanoon.org/
 https://www.who.int/
 https://www.manupatrafast.com/
 www.mondaq.com

26 | P a g e