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Scope of Administrative Law

Administrative law determines the organization, powers and duties of


administrative authorities. Emphasis of Administrative Law is on procedures for
formal adjudication based on the principles of Natural Justice and for rule making.

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 nature of the same
might be.

(c) There should be reasonable restrictions on exercise of such powers


depending on the situation.

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 treatises written during the reign of
the Mauryas, Guptas, Mughals as well as East India Company.

It is based on the concept of rule of law that supports Natural


Justice i.e. adjudication based on impartiality, unjustness and the prescribed
laws and legal methods instead of arbitrariness and abuse of official power.
Natural justice is basically applied in cases where there are no laws prescribed,
here the individual has to be given an opportunity to be heard and the judgment
is to be taken into consideration the particular facts and cases of the case and
the judgment 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. Also there are
specified laws and rules and regulations that guide and direct the internal
administration relations like hierarchy, division of labour etc.

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