1.

INTRODUCTION:
The basic and traditional functions of the state are those of maintenance of law and order
and of collecting taxes from the public. However by the middle of the twentieth century,
there has been a tremendous increase in the functions of the State. This increase in powers
and functions of State has made the relationship of the administrative authorities and the
people very complex. In order to regulate these very complex relations, some law is
necessary, which may bring about regulatory certainty and may check at the same time the
misuse of powers vested in the administration. This law is known as ‘Administrative law’. 1

Administrative law is a body of law that governs the administrative agencies like rule
making, adjudication and enforcement of law in the government. Administrative laws deal
with better functioning of organization of legislatures and judiciary. It is a Judges’ made
Law.2 It derives power from legislature to rule which enriches the implementation of law. In
a simple and vernacular sense, administrative law is nothing but managing the ongoing
activities of state with certain powers bestowed by legislatures. Constitutional law defines
the laws to be imposed and administrative law administers those laws in the society and
mainly concerned with proper functioning of various wings of the government.

2. DEFINITION OF ADMINISTRATIVE LAW

It is indeed difficult to arrive at a specific, precise and satisfactory definition of
administrative law. Many jurists have made attempts to define it, but none of the definitions
have completely demarcated the nature, scope and content of administrative law. Either
the definitions are too broad and include much more than what is necessary or they are too
narrow and fail to include all the essential ingredients.

In the simplest sense, administrative law refers to that branch of the law which is concerned
with the composition of powers, duties, rights and liabilities of the various organs of the
Government.

Some important definitions of Administrative Law are as follows –

SIR IVOR JENNINGS

“Administrative law is the law relating to the administration. It determines the

organisation, powers and duties of the administrative authorities.” 3

This is the most widely- accepted definition.

But according to Griffith and Street, there are two difficulties with this definition:

1) It does not distinguish administrative law from constitutional law.

1
https://www.scribd.com/document/398871485/371522388-1-Nature-and-Scope-of-Administrative-Law-pdf

2
C.K thakkar’s Administrative Law, Introduction, Historical growth and development, page 11
3
Jennings, Law of Constitution (5th Edn.) page 217; MP Jain & SN Jain, Principle of Administrative Law, page 9

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2) It is a very wide definition. The law which determines the powers and functions of
administrative authorities may also deal with the substantive aspects of such powers. For
example, legislations relating to public health services, houses, town and country planning,
etc. But these are not included within the scope and ambit of administrative law.

A.V. DICEY

“Administrative law is that portion of a nation’s legal system which determines the legal
status and liabilities of all State officials, which defines the rights and liabilities of private
individuals in their dealings with public officials and which specifies the procedure by
which their rights and liabilities are enforced.”4

According to this definition, administrative law consists of three aspects –

1. the legal status and liabilities of all State officials

2. the rights and liabilities of private individuals in their dealings with public officials, and

3. the procedure by which their rights and liabilities are enforced

This definition has been criticized as being too narrow. It excludes the followings –

a. administrative authorities which are not State officials in strict sense e.g. public
corporations

b. the procedures to be followed by the administrative authorities

c. the powers and functions of the administrative authorities

K.C DAVIS

“Administrative law is the law concerning the powers and procedure of administrative
agencies, including especially the law governing judicial review of administrative action.” 5

According to Davis, an ‘administrative agency’ is a governmental authority, other than a

court and a legislature which affects the rights of private parties either through
administrative adjudication or rulemaking.

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

administrative agencies in exercising their powers. However it does not include the
substantive laws made by these agencies.

The difficulty in accepting this definition, however, is that it does not include within its scope
Parliament control of delegated legislation and the discretionary functions of the
administrative agencies.

4
Law of the constitution (1915) page 329; MP Jain & SN Jain, Principle of Administrative Law, page 10
5
Administrative Law Text (1959) page 1

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M P JAIN AND S N JAIN

“Administrative law deals with the structure, powers and functions of the organs of
administration, the limits of their powers, the methods and procedures followed by them
in exercising their powers and functions, the methods by which they their powers are
controlled including the legal remedies available to a person against them when his rights
are infringed by their operations.”6

Administrative law, according to this definition, deals with four aspects. Firstly, it deals with
composition and the powers of administrative authorities. Secondly, it fixes the limits of the
powers of those authorities. Thirdly, it prescribes the procedure to be followed by these
authorities in exercising such powers. And fourthly, it controls these administrative
authorities through judicial and other means.

Thus, administrative law is nothing but the bye-product of the growing socio-economic
functions of the State and the increased powers of the government. The development of
Administrative law is an inevitable necessity of the modern times. Therefore it is necessary
to understand the nature and scope of administrative law.

3. NATURE OF ADMINISTRATIVE LAW

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.7

The main objective of the study of administrative law is to unravel the way in which these
administrative authorities could be kept within their limits so that the discretionary powers
may not be turned into arbitrary powers.

Administrative law controls the administrative authorities so that they may not become
despotic. It aims at maintaining a balance between administrative powers and the individual
liberty.

However a distinction must be drawn between administrative law and constitutional law as
they are closely connected with each other. Administrative Law has even been called as a
branch of the Constitutional Law. However at present administrative law has assumed the
status of an independent subject. Administrative law is mainly concerned with the executive
branch of the Government whereas the Constitutional Law gives equal importance to the
Legislative, Executive as well as the Judiciary.

According to Holland, the constitutional law describes the various organs of the Government
at rest, while administrative law describes them in motion. 8

6
M P Jain & S N Jain, Principle of Administrative Law, page 12
7
https://blog.ipleaders.in/administrative-law-1/
8
Holland, Constitutional Law of England (1st Edn.) page 506; IP Massey, Administrative Law page 15

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According to another view, administrative law deals with the organization, functions,
powers and duties of administrative authorities while constitutional law deals with the
general principles relating to the organization and powers of various organs of the State and
their mutual relationship of these organizations with the individuals.9

While constitutional law deals with the general principles relating to the organization and
power of the legislature, executive and judiciary and their functions inter se and towards the
citizen, administrative law is that part of constitutional law which deals in detail with the
powers and functions of the administrative authorities, including civil services, public
departments, local authorities and other statutory bodies.

4. SCOPE OF ADMINISTRATIVE LAW

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 power conferred. 10

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
treaties 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 while serving the
people and deciding cases brought before its Tribunals. Natural justice is basically applied in
cases where there are no laws prescribed and the judgement should be free from bias). It is
to prevent violation of people's rights by officials in power.

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.

The current thinking is that procedures have great significances in Administrative Law
because proper procedures are necessary for proper discharge of administrative powers and
that it is in the area of procedures that safeguards can be incorporated for the individual
against the administrative process with any success rather than seeking to control the
exercises of administrative power through other means. Evolution of fair procedures is thus
necessary to minimise the abuse of administrative power.

9
Jennings, The Law and the Constitution (5th Edn.) page 217; IP Massey, Administrative Law page 15
10
M P Jain & S N Jain, Principle of Administrative Law, page 12

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Administrative powers have been called a necessary evil as even though they are required,
they may lead to arbitrariness on the part of the executive. They might even adversely affect
the rights of individuals in the name of “public good” and “public interest”. Thus,
administrative law is required to ensure that the government’s powers are exercised
according to the law, rules and proper legal procedures and not on the mere caprice or
whims of the administrative officers and that the individual also has adequate remedies
when his rights are infringed by the Administrators.11

Further, the definition of administrative law given by JAIN AND JAIN 12 presents an apt
example of the scope of administrative law. Based on their definition, the scope and
contents of administrative law can be divided into four aspects –

1. Composition and the powers of administrative authorities.

2. Methods of control of powers of administrative authorities

3. Procedure to be followed by these authorities in exercising their powers

4. Remedies available to a person through judicial and other means in case of violation of his
rights by these administrative authorities

1. Composition and the powers of administrative authorities

The powers and functions of administrative authorities can be divided into three divisions –

a. Administrative

b. Quasi-judicial

c. Quasi-legislative

a. Administrative

Administrative powers and functions are the residue of the governmental powers and
functions that remain after legislative and judicial powers and functions are taken away. It
can further be divided into discretionary and ministerial functions. Discretionary powers and
functions are those wherein the administrative authorities enjoy the opportunity to make a
choice out of available alternatives. Ministerial functions are those wherein the element of
discretion is either absent or relatively small.

b. Quasi-judicial

An act or function is treated as quasi-judicial act or function when it has some trappings of
judicial function. While exercising quasi-judicial functions, the administrative authorities
determine a matter affecting the rights of any person. Such quasi-judicial acts are subject to
the principles of natural justice and the writ of certiorari.

11
M P Jain & S N Jain, Principle of Administrative Law, page 12
12
Supra note 6

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c. Quasi-Legislative

Although the Constitution of India empowers Legislature to make laws for the country, but
keeping in mind various multifarious activities of a welfare State, it is not possible for the
legislature to perform all the functions. Therefore the administrative authorities are
conferred with quasi-legislative powers and functions. The development of the legislative
power of the administrative authorities in the form of delegated legislation occupies a very
important place in the study of administrative law.

2. Methods of control of powers of administrative authorities

This is the most important aspect of the study of administrative law. The various methods of
control include parliamentary control, judicial control (including control through writs),
establishment of Inquiry Commissions and the institution of ombudsman.

3. Procedure to be followed by these authorities in exercising their powers

Administrative law stipulates that the procedure to be followed by the administrative

authorities in exercising its powers must be fair and reasonable. It emphasises on the
concepts of natural justice and fair hearing.

4. Remedies available to a person

Administrative law provides two kinds of remedies to a person in case his rights have been
infringed by the administrative authorities. These are – Constitutional and Ordinary
remedies. Constitutional remedies include the remedies by way of writs (under Articles 32
and 226 of the Constitution). Ordinary remedies or equitable remedies include such other
remedies which may be available even against a private individual. E.g. injunction, damages
etc. This has been made possible by way of Article 300 of the Constitution which states that
the Government shall sue and may be sued, thus fixing contractual and tortuous liability of
States.

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 5. CONCLUSION
Administrative law is a part of Indian Constitution and does not have any separate authority
or distinguished power. Jurisdiction of administrative law is within the ambit of
constitutional law only and restricted in certain matters. It derives powers from constitution
only and administers them for public interest. For maintenance of Rule of Law
administrative law is required. Administrative law is a custodian of rule of law which
administers it by applying its power conferred, kernels of Administrative law, judicial and
quasi-judicial authorities bestowed by “The Constitution”.

According to Roman law certain basic legal principles were required by nature, or so obvious
that they should be applied universally without needing to be enacted into law by a
legislator. This was a seedbed for the growth of natural justice. The rules or principles of
natural justice are now regularly applied by the courts in both common law and Roman law
jurisdictions. In the case of Maneka Gandhi v. Union of India,13 it was held that Parliament
has no power to legislate any Law which violates fairness & justness. Meaning thereby, law
enacted should carry Justness. Principle of Natural Justice or Fundamental actions are
neither fixed nor prescribed in any code of law. The term is also known as Substantial
Justice, Universal justice, Divine Justice, fundamental justice and rational Justice. Role of
Natural justice can be described as basic values which a man has cherished through the
ages.

In the historic case of A.K Karipak v. Union of India 14, a Supreme Court case in which it was
held that, “the aim of the rule of natural justice is to secure justice or to put it in negatively
to prevent miscarriage of justice. This rule can operate only in areas not covered by any law
validity made. In other words they do not supplant law of the land but supplement it.”

Indian legal system has always admired a policy which says, “let thousand of wrongdoers go
free, but not a single innocent should be convicted or sentenced.‟ This travels to the roots
of justness and fairness and gives certain privileges to the convicted, like Fair hearing, to
represent himself in the courts of law without biasness and consideration & implementation
of law while pronouncement of verdict. Natural justice essence could just be referred to as
procedural fairness with the purpose of ensuring decision making is fair and reasonable.

13
1978 AIR 597, 1978 SCR 2 (621)
14
(1969) 2 SCC 262: AIR 1970 SC 150

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 6. BIBLIOGRAPHY/REFERENCE
1. C.K thakkar’s Administrative Law, Introduction, Historical growth and
development
2. Jennings, Law of Constitution (5th Edn.)
3. Law of the constitution (1915)
4. Administrative Law Text (1959)
5. M P Jain & S N Jain, Principle of Administrative Law,
6. Holland, Constitutional Law of England (1st Edn.)
7. https://www.scribd.com/document/398871485/371522388-1-Nature-
and-Scope-of-Administrative-Law-pdf
8. https://blog.ipleaders.in/administrative-law-1/
9. Maneka Gandhi v. Union of India 1978 AIR 597, 1978 SCR 2 (621)
10.A.K Karipak v. Union of India (1969) 2 SCC 262: AIR 1970 SC 150

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