MEANING, DEFINITIONS,

CONCEPT
AND NATURE OF
ADMINISTRATIVE LAW
MEANING
 Administrative law is the body of laws that
governs the activities of administrative
agencies of the government
which comprise of rule making or
legislation(when delegated to them by the
Legislature as and when the need
be),adjudication(to pronounce decisions
while giving judgements on certain
matters),implementation/enforcement of
public policy.
 Administration is government or a department or an agency of the
government. Under the Constitution of India the powers of the state are
divided between the Union (including the Union Territories) on the one
hand and the states on the other hand. Both the Union and the states
are divided into three great departments, namely-
(1) the executive,
(2) the legislature, and
(3) the judiciary.
Administrative powers are exercised by the executive in either of two ways.
It may act in exercise of the executive power of the Union or of a state or it
may act under the authority of a specific statute or subordinate
legislation. The exercise of all administrative powers is subject to the
rule of law.
The legal control may be exercised by three authorities-
(4) the legislature,
(5) the higher executive, and
(6) the judiciary.
Administrative law concerns itself mainly with the legal control of the
government or of administrative authorities by the courts.
 WHAT IS ADMINISTRATIVE LAW?
As you know that the prior function of state was war and to maintain
peace in the state. But with the elapse of the time, socio-economic
functions of the state are increasing. Hence, the power of state/
government also increased.
In modern times state has taken many public and social functions
which traditionally does not fall in the area of its administration.
Today besides the maintenance of law and order and justice it also
taken over the various functions like development, planning and
welfare of the common people. Today it takes over the
administration of such business and industries which involves the
matter of public interest. It may includes various schemes of
distribution of assets through schemes, licensings, tenders etc.
In such cases, such situations arises which are having direct
confrontation of common people with government. So, as you know
that government is powerful in comparison to common people. So,
there must be some devise to control such cases.
And this is done by Administrative law.
 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(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 instead of arbitrariness and abuse of official power on the part
of govt. while serving the people and deciding cases brought before its
Tribunals, etc. 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.
 Administrative Law can be said to be the most
remarkable development of the 20th Century.
The development of administrative law goes
hand-in-hand with the development of the
society. Administrative law can more rightly
be said to be the sociology of law and not the
philosophy of law.
 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 nature of the same might
be.
c) There should be reasonable restrictions on
exercise of such powers depending on the
situation.
 Administrative law is the body of law created by the agencies and
departments of the government, which carry out the laws passed by
Parliament or a state legislature. When Parliament passes a law on a
complicated issue, Parliament often needs help determining all of the
details of how the law will be enforced and implemented.
 Administrative agencies and government departments fill in those
gaps for Parliament and pass additional rules and regulations to
achieve Parliament's goals.
 People often deal with administrative agencies and administrative
law when they apply for government benefits.
 In addition to regulating government benefits like Social Security,
administrative agencies also implement federal and state laws
affecting almost every industry.
 People and businesses often need to hire lawyers with expertise in
administrative law when an administrative agency denies their
applications for benefits or imposes penalties for failing to comply
with regulations. Many administrative agencies can create their own
courts and appeal processes, which often require the expertise of an
attorney to ensure that your case is heard.
The three main stages led to the expansion of the
meaning of the term Administrative law
1. Laissez Faire-
In the early 20th century the political gospel of laissez-faire was preached. The
principles on which the theory of laissez-faire works are as follows-
· Minimum control of government
· Free enterprise
· Law and order not counted as subjects of state
· Power said to be concentrated in the hands of the individual

The theory of Laissez –faire met with the following pitfalls-

· Concentration of powers
· Which led to human misery
· Widening the inadvertent gap between the poor and the rich

The consequence of giving the powers in the hands of the individuals and the
minimum government control proved catastrophic .By this the vital power was
concentrated in the hands of the rich people and the balance of economy got
terribily shaken which only paved way to a debacle that is the increasing economic
disparity where the rich became richer and the poor became poorer.
2. Dogma Of Collectivism-
After the miserable consequences that the police state suffered
because of the terrible failure of Laissez-Faire, the principle of
collectivism evolved which said that the state and individuals shall
work in proper synchronization. The state had proper control over
the actions of the individuals and the state also stood up to take
the responsibility for the individual’s life liberty and property.
3. Social Welfare State-
The Dogma of collectivism gave birth to the being of a social-
welfare state. India is a socialistic republic as the Preamble of the
Constitution articulates. The social welfare state thrives on the
principle of providing justice of all kinds be it social, economic or
political and all laws and actions of the government to be taken
keeping in mind the interests of the citizens. The Constitution
envisions to have an egalitarian society.
 The expression "Administrative Law" may mean two
different things-
(a) law relating to administration, and
(b) law made by the administration.
Further, this law made by administration is again of two kinds-
Firstly, it may be rules, regulations, orders, schemes, bye-
laws, etc., made by the administrative authorities on whom
power to make such subordinate legislation is conferred by
a statute. This may be called rule-making.
Secondly, certain administrative authorities have power to
decide questions of law and/ or fact affecting particular
person or persons generally, i.e., adjudication. Most of such
powers are exercised quasi-judicially. Such decisions apply
a statute or administrative policy and instructions to specific
cases. In doing so they create a body of administrative law.
DEFINITIONS
1. Ivor Jennings
"Administrative law is the law relating to the administration. It
determines the organization, powers and duties of the
administrative authorities. “
This definition is one which is widely accepted. But according
to Griffith and Street, there are two difficulties with this
definition. These are-
i. It does not distinguish administrative law from constitutional
law.
ii. It is a very wide definition, for 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.
2. Wade
According to Wade, administrative law is "the
law relating to the control of governmental
power".
According to him, the primary object of
administrative law is to keep powers of the
government within their legal bounds so as
to protect the citizens against their abuse.
The powerful engines of authority must be
prevented from running amok.
3. K.C. Davis
Administrative law is the law concerning the powers and
procedures of administrative agencies, including
especially the law governing judicial review of
administrative action.
4. Austin-
Austin has defined administrative Law as the law, which
determines the ends and modes to which the sovereign
power shall be exercised. In his view, the sovereign
power shall be exercised either directly by the monarch
or directly by the subordinate political superiors to whom
portions of those are delegated or committed in trust.
5. Holland-
Holland regards Administrative Law “one of six” divisions of
public law.
6. Bernard Schawartz -
In his famous book “Introduction to American
Administrative Law” in 1958, Bernard
Schawartz has defined Administrative Law as
“the law applicable to those administrative
agencies which possess of delegated
legislation and adjudicatory authority.”
7. Dicey-
Dicey in 19th century defines it as. Firstly, portion
of a nation’s legal system which determines the
legal statues and liabilities of all State officials.
Secondly, defines the right and liabilities of
private individuals in their dealings with public
officials. Thirdly, specifies the procedure by
which those rights and liabilities are enforced.
 Two Fundamental Elements of
Administrative Law:

(1)   The development of the duty of fairness

(governing the procedure for decision-
making)

(2)   The pragmatic and functional approach

to judicial review of the substance of the
decision itself.
Principle sources of Administrative law-

1. Constitution of India
2. Acts and Statutes
3. Ordinances, administrative directions,
notifications and circulars.
4. Judicial decisions.
General Principles of Administrative Law

 In the administrative law context, the first step is to

determine the legal validity or authority of the action by the
government official. This involves looking at the basis of
the legal authority to act, that is, the specific law that gives
that administrator the lawful authority to act. Constitutional
law essentially deals with who has the ability to make
laws. Administrative law deals with the government
officials who have been empowered by these laws to act.
Therefore, there is a close relationship between
constitutional and administrative law. Specifically, if the law
that empowered the government official to act was itself
found to be unconstitutional, and therefore invalid, then
any actions by the government official under that law will
also be invalid. Consequently, this may result in a legal
remedy for an individual adversely affected by this action.
Purpose of Administrative Law
The main goal of administrative law is to protect the interests
of the public as it interacts with government. As citizens,
we interact with the government often. If we join a union at
our place of employment, we're exercising one of our
rights under our government. If we lose our jobs and apply
for food stamps or get old and apply for Social Security,
we're depending upon our government and its fair and just
operation. To whom will we turn to ensure that we get this?
We'll seek the help of administrative law.
Administrative law oversees the internal operations of the
government agencies and also stipulates how they go
about their main functions, which are rule-making and
enforcement of the rules they make, or adjudication.
Because the agencies have power, administrative law is
there to make sure they do not abuse this power.
 The individual can seek remedy against administrative action
either by representation to the administrative authority
concerned or by recourse to the law courts. A purely
administrative authority can attend to a complaint of an
individual and can give relief if some obvious wrong has been
committed. But in the nature of things administrative authorities
develop a departmental bias in favour of their own action or
actions of their subordinates. For, they carry out administrative
policies. It is generally difficult for them to be so objective and
detached in their attitude as to discover flaws in their own
actions. If an administrative authority is acting quasi-judicially
then it acts objectively and according to the natural justice
procedure. If a defect in procedure is pointed out to it, it is
often likely to cure the same. But quite often it may believe that
it has followed the correct procedure and would refuse to give
relief against a complaint. In the vast majority of grievances,
therefore, the remedy has to be sought in the courts of law.
 THE PLACE OF
ADMINISTRATIVE LAW IN
THE LEGAL SYSTEM-
Broadly speaking, law in a modern state is divisible into public law and
private law. The latter concerns the legal relations of individuals or
groups of individuals or associations while the former deals with the
relations between the states on the one hand and the individual or
groups of individuals or associations on the other hand.
Whenever a question arises as to the relationship in various circumstances
between the state and the individual, it falls in the domain of public law;
for instance, constitutional law, administrative law, criminal law, law of
taxation etc., are all branches of public law. The law of contracts, transfer
of property, association etc., would be private law particularly when the
state is not a party to such private law relationships. While private law is
found to prevail in any organized society, public law presupposes a
government under the law. It is only when the structure of the state is
formed by law and when the government functions according to law that
the relations between the state and the individual can be governed by
law which may be called public law. The basic structure of the state may
be called its constitution. Constitutional law, therefore, deals with the
distribution of the power of the state among its three branches and the
rights and duties of the citizens of the state, vis-a-vis the state. In a wide
sense it would include administrative law.
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 nature of the
same might be.
c) There should be reasonable restrictions on exercise of such powers
depending on the situation.

The Administrative law deals with the structure, functions and powers of
the Administrative structures. It also lays down the methods and
procedures which are to be followed by them during the course of
remedies which are available to the persons whose rights and other
freedoms are damaged by their operations. 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 labor etc.
THEORIES
Red light theory and Green light theory
 Red light theory: - Emphasizing on the Judicial
Control over the activities of the authorities it tends
to believe that power conferred may be misused.
Approach of this theory is Indirect, external and with
fear of action with Arbitrariness of the authorities.
 Green light theory:- It emphasizes on Direct and
Internal action means in total control. As Red light
theory powers are given but they are under direct
control of the upper hands. Green Light theory
allows intervention of the state in large public
interest ensuring the rights of the citizen and
wellbeing of the society
NATURE, AND SCOPE
OF ADMINISTRATIVE
LAW
 Nature of Administrative Law-
Administrative law is concerned with the operation
and control of administration with emphasis on
function rather on structure. It deals with
administrative process and its control. Due to
various reasons, the administrative process has
come to stay in all progressive societies
particularly in the welfare state, where many
schemes for the progress of the society are
prepared and administered by the state.
We can understand the nature of the administrative law through the
following points-
(i) Pervasive legal discipline
(ii) Law in the realist sense
(iii) Concerned with the administration
(iv) Administrative process
(v) Expanding horizons of the administrative jurisdiction
(vi) Measures of administrative law-
o To check abuse of administrative power.
o To ensure to citizens an impartial determination of their dispute by
the officials.
o To protect them from unauthorised encroachment on their rights
and interests.
o To make those who exercise public power accountable to the
people.
o To see that holders of the public power justify their action as legally
valid and socially wise and just.
o To ensure that public power is not exercised against public interest.
SCOPE-
 Rule making action.
 Rule decision action or adjudicatory action.
 Rule application action.

-Beside this, the actions which are incidental to main

actions are also covered under administrative law.
 Such incidental actions may be investigatory,
supervisory, advisory, declaratory and persecutory.
 It also includes within its scope the control mechanism
by which the administrative agencies within bounds
and made effective in the service of individuals. This
control mechanism is called judicial review.
Administrative actions which are
within its scope-
 Jurisdiction of court through issue of the writs of
Habeas Corpus, Prohibition, Certiorary, Mandamus
andQuo-Warranto.
 Court exercising ordinary judicial powers through
suits, injunctions and declaratory actions.
 Higher administrative authorities.
 Public opinion and mass media.
 Easy access to justice.
 Fair play
 Find ways in which administration could be kept within
the limits.
Sources-
 https://www.brainyias.com/administrative-law-
meaningnature-scope/.
 https://hirealawyer.findlaw.com/choosing-the-right-
lawyer/administrative-law.html.
 http://www.legalservicesindia.com/article/643/Administrative-
law.html.
 https://study.com/academy/lesson/administrative-law-
objectives-functions-roles.html
 https://www.legalbites.in/law-notes-administrative-law-
definition-purpose-sources/.
 https://blog.ipleaders.in/administrative-law-1/
 https://www.academia.edu/27310418/_Assignment_on_admi
nistrative_law_meaning_functions_and_importance_.