Why to Study Administrative Law

SCOPE OF
ADMINISTRATIVE LAW
Scope, content and ambit of
Administrative Law
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
method by which their powers are controlled
including the legal remedies available to a
person against them when his rights are
infringed by their operation.
Necessity
It has to be accepted as necessary evil in all
progressive societies, particularly in a welfare
State where many schemes for the progress of
society are prepared and administered by the
government. So the administrative process has
come to stay.
Reconciliation of Social Welfare with
the Rights of Individual Subjects
The execution and implementation of the
progressive schemes may adversely affect the
rights of citizens. The actual problem is to
reconcile social welfare with the rights of the
individual subjects.
As has been rightly observed by Lord Denning-
“Properly exercised, the new powers of the
executive lead to the welfare State; but abused
they lead to the Totalitarian State.”
American Approach to Administrative
Law
As per Kenneth Culp Davis- Administrative Law is
the law concerning the powers and procedures of
Administrative agencies, including especially the
law governing judicial review of administrative
action.
According to him an administrative agency
is a governmental authority other than a court
and other than a legislative body which affects
the rights of private parties through either
adjudication or rule -making.
Modern British Approach to
Administrative Law
As per Sir Ivor Jennings: Administrative Law is
the law relating to the administration. It
determines the organization, powers and
duties of administrative authorities.
(Jennings, THE LAW AND THE
CONSTITUTION 217 5th ed., 1959)
This is the most commonly accepted view and
has been adopted, with slight changes by
many leading scholars of today.
Comparison between British & American
Approach and Necessity of Fair Procedures

The British Administrative Law does not lay so

much emphasis on procedures of administrative
bodies as does the American Administrative
Law. It is however necessary to underline the
importance of procedures in Administrative Law.
The current thinking is that procedures have
great significance in Administrative Law because
proper procedures are necessary for proper
contd……
Contd……
discharge of administrative powers.
Evolution of fair procedures is thus necessary
to minimize the abuse of administrative
powers.
Therefore the basic
question at the present time is: how can the
legal ideas of fair procedure and just decision
be infused into the administrative powers of
the state?
Concluding Remarks
In modern onslaught of administration, the
individual is affected in many ways in the name of
“public good” and “public interest”. The individual is
in the weakest defensive position against the mighty
power of the administration. It is, therefore,
important function of the Administrative Law to
ensure the government’s powers are exercised
according to law, on proper legal principles,

contd…….
Contd…..
according to the rules of reason and justice;
and not on the mere caprice or whim of the
administrative officers, and that the individual
has adequate remedies when his rights are
infringed by the administration.