1. Administrative law is public law. The scope of Administrative law
is expanding is very fast. Administrative law as a separate branch of legal discipline essentially in India came to be recognised only by the middle of the 20th century. The concept of welfare state and socialistic society has also became instrumental to the increase of administrative powers in our country. Administration is heart and soul of any country. It is duty of executive to enforce what law is passed by the parliamentarian. Legal Help Desk By- Keshav Choudhary
Power corrupts and absolute power corrupt absolutely.
Administration means to enforce that is passed by parliament or which is given in the Constitution. Today administration is ubiquitous and it has great importance on everyone’s life. Administration is necessary to regulate the law. Administrative law is like dharma through which stability and growth of the society depends. Legal Help Desk By- Keshav Choudhary
Without a good system of administrative law any society would
die because of its own administration weight like a Black Hole- which is dying neutron star that collapse due to its own gravity. Administrative law has a tremendous social function to perform. However, two important facts should be taken into account in an attempt at understanding and defining the administrative law: Firstly, administrative law is primarily concerned with the manner of exercising governmental power. The decision-making process is more important than the decision itself. Legal Help Desk By- Keshav Choudhary
The ultimate purpose of the administrative law is controlling the
exercise of governmental power. It is impossible to define concise definition of administrative law. Sir Ivor Jennings- He was British lawyer and Academic. Sir Ivor Jennings defines administrative law as law relating to administrative authorities. A student of administrative law is not concerned with how minister is appointed but only with how a minister discharge his function in relation to an individual or a group. How the minister of housing and rehabilitation is appointed is not concern of administrative law, but when this minister approves a scheme for a new township, which involves the acquisition of houses and lands of persons living in that area, questions of administrative law arise. Legal Help Desk By- Keshav Choudhary
Dicey - According to Dicey’s formulation,
1. administrative law relates to that portion of a nation’s legal system which determine the legal status and liabilities of all state 2. It defines the rights and liabilities of private individuals in their dealing with public official 3. The Procedure by which those rights and liabilities are enforced. Droit Administraif Droit Administraif- Napoleon Bonaparte was the founder of the Droit administrative. It was he who established the Counceil d’Etat. Legal Help Desk By- Keshav Choudhary
French administrative law is known as Droit Administratif which
means a body of rules which determine the organization, powers and duties of public administration and regulate the relation of the administration with the citizen of the country. Droit Administrative does not represent the rules and principles enacted by Parliament. It contains the rules developed by administrative courts. In France as also in almost all the states in Europe, a distinction is made between ordinary law and administrative law. Ordinary citizens are tried under ordinary law of the land, whereas public officials are tried under administrative law. Legal Help Desk By- Keshav Choudhary
Administrative laws are not amendable to the jurisdiction of
ordinary courts for offences committed in their official capacity. They have a right to be tried by special courts known as administrative courts. The French Jurisprudence is largely based upon the Roman Law. Private individuals who have certain grievances against public officials can have them redressed not in an ordinary court but in special courts known as administrative courts. Droit Administration is a unique characteristic of the administrative setup of France. Legal Help Desk By- Keshav Choudhary
Droit administrative does not represent principles and rules laid
down by the French Parliament; it consists of rules developed by the judges of the administration courts. Droit administration therefore includes three series of rules: 1. Rules dealing with administrative authorities and officials- These relate to appointment, dismissal, status, salary and duties etc. 2. Rules dealing with the operation of public services to meet the need of citizens- These services may be operated either wholly by public officials or under their supervision or they may assist private agencies to provide pubic utility service. Legal Help Desk By- Keshav Choudhary
3. Rules dealing with administrative adjudication- If any inquiry is
done to a private citizen by the administrative the matter would be decided by the administrative courts. Counseil d’Etat is the highest administrative court. Main Characteristic feature of droit administration; 1. Those matters concerning the state and administrative litigation falls with in the jurisdiction of administrative courts and can’t be decided by the land of the ordinary courts. 2. Those deciding matters concerning the state and administrative litigation rules as developed by the administrative courts are applied. Legal Help Desk By- Keshav Choudhary
If there is any conflict of jurisdiction between ordinary courts and
administrative council, it is decided by the tribunal des conflits.
Despite the obvious merits of the French administrative law
system, Prof Dicey was of the opinion that there was no rule of law in France nor was the system so satisfactory as it was in England. He believed that the review of administration action is better in England that in France.