Nature, Scope and Development of Administrative Law

Theoretical overview

Administrative law is the body of law that governs the activities of administrative authorities or agencies of the government which comprises legislature(legislature rule making), executive(implementation of rule), adjudication(giving judgment).

• Administrative law is a branch of public law
• It deals with the relationship of public with the government
• It determines the organizational and power structure of administration and quasi judicial authorities to enforce law
• It is not a codified law

Definitions

1. Administrative law deals with

• The power and function of administrative authorities
• The procedure to be followed by these authorities in exercising such power
• Remedies available to the aggrieved person when the authorities abuse their power 

2. According to Ivor Jennings

Administrative law is the law relating to the administration and it determines the organization, powers and duties of the administrative authorities.

3. According to Wade

Administrative law is the law relating to the control of government power. According to him, the primary object of administration. Law is to limit the power of the government to protect citizens against their abuse.

4. According to K.C. Davis

Adm law is the law concerning the power and procedure of administrative agencies including especially the law covering judicial review of administrative actions.

What administrative law deals with

• Who are administrative authorities?
• Their nature and power
• Their limitations
• Their restrictions
• Procedure to be followed
• Remedies available in case of abuse of power

Nature and scope of administrative law

Administrative law has growing importance and interest. It is the most outstanding phenomenon in the welfare of the state. Knowledge of the law is important for the officials responsible for carrying out administration and the same is the case for the students studying for law. It is not codified like any other statute or law and it is based on the constitution. It is essentially judge-made law and is a branch of law which deals with the relation of the public with power. This law deals with organization and quasi administrative authority which includes control mechanisms as well. This particular law derives its authority from constitutional law and statutory laws which ensures transparent, open, honest and more public friendly government. Administrative law emerges when any person becomes the victim of the arbitrary exercise of public power.

Sources of administrative law

• Constitution
• Acts and statutes
• Ordinances, administrative directions, notifications and circulars
• Judicial decisions 

Reasons for growth and development of administrative law

Many believe that admin law is a very modern concept and didn’t exist at early periods but this isn’t true. The Indian system contains a system of both administrative legislature and adjudication from the periods of Gupta’s and Maurya’s. administrators or the mantris had an important role in the making of decisions.

Other reasons for the development and growth are:-

1. Concept of welfare state– this concept has developed during the 19th and 20^th century. The aim is to achieve maximum welfare of the state as it was the responsibility of the state.  For this purpose, a separate administrative branch of law was in need.
2. Inadequate judicial system– judiciary was slow, complex and expensive.  Overburdening neglected speedy trials which resulted in strikes and lockouts in dispute. For these problems, tribunals and labour courts were in need. These tribunals were not courts but the executive branch with judicial powers.
3. Inadequate legislature– legislature cannot legislate all the matters related to the day to day needs. If they do so, the law proved to be defective and inadequate as they were unaware of needs. This factor led to delegation of some legislative power to administrative authorities.  
4. Scope of experiment– as administrative law is not codified, there is more scope to modify as per the needs and demands and is more flexible.
5. Increasing demand from people– population is increasing day by bay and so are their demands. Only defining rights were not sufficient but to solve them was also necessary.

Important articles

Article 323A & 323B which talks about the tribunals and their mechanism. These two articles are important to study because they give legality to administrative law.

Most important case laws

Breen v Amalgamated Engineering Union  [1971] 2 QB 175 was the first case wherein the existence of Administrative law in the United Kingdom was declared. Moreover, it  is the first instance in the world which recognized administrative law

Points to remember

• Administrative law is a branch of public law
• It is not a codified law
• Adm law has growing importance and interest
• It deals with the relationship of public with the government
• Administrative law is a means to end
• Administrative law is the sociology of law
• It is essentially a judge made law