Administrative Law: Growth, Importance & Functions

All about Administrative Law: Concepts, functions, and growing importance in a Democratic Country like India.

Concept of Administrative Law – Definitions and Explanation

Introduction To Administrative Law

In the field of law, the most significant and outstanding development of the 20th century is the rapid growth of administrative law. It does not, however, mean that there was no administrative law before this century. Since many years it has been very much in existence. But in this century, the philosophy as to the role and function of the state has undergone a radial change. There was increase in governmental functions.

Today, the state is not merely a police state, exercising sovereign functions, (protecting the population from external aggression and from internal strife and for this collecting taxes from the people) but as a progressive democratic welfare state, it seeks to ensure social security and social welfare for the common man, regulates the industrial relations exercises control over production manufacture and distribution of essential commodities; starts many enterprises, tries to achieve equality for all and equal pay for equal work. (Ref. Directive Principles of state policy enumerated in the constitution of India) Today, the state is required to look after the health, and morals of people, provide education to children and takes all the steps which social justice demands. All these developments have widened the scope and ambit of administrative law.

Defining Complex Term of “Administrative Law”
It is indeed difficult to evolve a scientific precise and satisfactory definition of administrative law. Many jurist have attempted to define it. But none of the definitions has completely demarcated the nature, scope and contents of Administrative Law. Either the definitions are too broad and include much more than what is necessary or they are too narrow and do not include all the necessary contents.

Definition by Ivor Jennings
Ivor Jennings in his “The law and the constitution, 1959” provided the following definition of the term “administrative law”.

According to him, “administrative law is the law relating to the administrative authorities”.

This is the most widely accepted definition, but there are two difficulties in this definition.

(1) It is very wide definition, for the law which determines the power and functions of administrative authorities may also deal with the substantive aspects of such powers.

For example :- Legislation relation to public health services, houses, town and country planning etc.. But these are not included within the scope and ambit of administrative law, and

(2) It does not distinguish administrative law from constitution law.

Definition by K. C. Davis

According to K. C. Davis, “Administrative law as the law concerning the powers and procedures of administrative agencies, including especially the law governing judicial review of administrative action”.

Definition by Prof. Wade

According to Wade (Administrative Law, 1967) any attempt to define administrative law will create a number of difficulties. But if the powers and authorities of the state are classified as legislative, administrative and judicial, then administrative law might be said “the law which concerns administrative authorities as opposed to the others”.

Again, there are some difficulties with this definition also. It falls to distinguish administrative law from constitutional law Like Jennings definition mentioned above, this is also very wide definition. It includes the entire legal field except the legislature and the Judiciary. It also includes the law of local government. It is also said that it is not possible to divide completely and definitely the functions of legislative, executive and judiciary.

It is very difficult to say precisely where legislation ends and administrative begins. Though enacting a law is function of the legislature the administrative authorities, legislate under the powers delegated to them by the legislature and this delegated legislation is certainly a part of administrative law.

Definition by Jain and Jain

According to Jain and Jain, “Administrative law deals with the structure, powers and function 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”.

Administrative law, according to this definition, deals with four aspects :-

It deals with composition and the powers of administrative authorities.
It fixed the limits of the powers of such authorities.
It prescribes the procedures to be followed by these authorities in exercising such powers and,
It controls these administrative authorities through judicial and other means.

Definition by Griffith and Street

According to Griffith and Street, (Principles of administrative law, 1963), the main object of Administrative law is the operation and control of administrative authorities, it must deal with the following three aspects :-

What are the limits of those powers?
What sort of power does the administration exercise?
What are the ways in which the administrative is kept within those limits?

Improvement To Griffith and Street’s Definition

According to the Indian Law Institute, the following two aspects must be added to have a complete idea of the present – day administrative law :-

What are the procedures followed by the administrative authorities?
What are the remedies available to a person affected by administration?

Definition by Garner
According to Garner, administrative law may be described as “Those rules which are recognised by the court as law and which relates to and regulate the administration of government.”

Growth and Development of Administrative Law In India

Administrative law was existent in India even in ancient times. Under the Mauryas and Guptas, several centuries before christ, there was well organised and centralise Administration in India.

The rule of “Dharma” was observed by kings and Administrators and nobody claimed any exemption from it. The basic principle of natural justice and fair play were followed by the kings and officers as the administration could be run only on those principles accepted by Dharma, which was even a wider word than “Rule of Law” or “Due process of Law”, Yet, there was no Administrative law is existence in the sense in which we study it today.

With the establishment of East India company (EIC) and event of the British Rule in India. The powers of the government had increased. Many Acts, statutes and Legislation were passed by the British government regulating public safety, health, morality transport and labour relations. Practice of granting Administrative licence began with the State Carriage Act 1861. The first public corporation was established under the Bombay Port Trust Act 1879. Delegated legilsation was accepted by the Northrn India Canal and Drainage Act, 1873 and Opium Act 1878 proper and effective steps were taken to regulate the trade and traffic in explosives by the Indian Explosives by the Indian Explosives Act 1884.

In many, statutes, provisions were made with regard to holding of permits and licences and for the settlement of disputes by the Administrative authorities and Tribunals.

During the Second World War, the executive powers tremendously increased Defence of India Act, 1939 and the rules made thereunder conferred ample powers on the property of an individual with little or no judicial control over them, In addition to this, the government issued many orders and ordinances, covering several matters by way of Administrative instructions.

Since independence, the activities and the functions of the government have further increased. Under the Industrial Disputes Act 1947, the Minimum Wages Act 1948 important social security measures have been taken for those employed in Industries.

The philosophy of a welfare state has been specifically embodied in the constitution of India. In the constitution itself, the provisions are made to secure to all citizens social, economic and political justice, equality of status and opportunity. The ownership and control of material resources of the society should be so distributed as best to subserve the common good. The operation of the economic system should not result in the concentration of all these objects.

The state is given power to impose reasonable restrictions even on the Fundamental Rights guaranteed by the constitution.

In Fact, to secure those objects, several steps have been taken by the parliament by passing many Acts, e.g. the Industrial (Development and Regulation) Act 1951, the Requisitioning and Acquisition of Immovable Property Act 1952, the Essential Commodities Act, 1955. The Companies Act 1956, the Banking Companies (Acquisition and Transfer of undertakings) Act, 1969. The Maternity Benefits Act, 1961, The Payment of Bonus Act 1965, The Equal Remuneration Act 1976, The Urban Land (ceiling and Regulation) Act 1976, The Beedi Worker’s Welfare Fund Act, 1976 etc.

Even, while interpreting all these Acts and the provisions of the constitution, the judiciary started taking into consideration the objects and ideals social welfare. Thus, in Vellunkunnel Vs. Reserve Bank of India AIR) 1962 SC137), the Supreme Court held that under the Banking Companies Act, 1949 the Reserve Bank was the sole judge to decide whether the affairs of a Banking company where being conducted in a manner prejudicial to the depositors, interest and the court had no option but to pass an order of winding up as prayed for by the Reserve Bank.

Again, in state of Andhra Pradesh Vs. C. V. Rao, (1975) 2 SCC 557 dealing with departmental inquiry, the Supreme Court held that the jurisdiction to issue a writ of certiorari under Article 226 is supervisory in nature. In is not an appellate court and if there is some evidence or record on which the tribunal had passed the order, the said findings can not be challenged on the ground the evidence for the same is insufficient or inadequate. The adequacy or sufficiency of evidence is within the exclusive jurisdiction of the tribunal.

Similar view was taken in K. L. Shinde Vs State of Mysore, (AIR 1976 SC 1080) In Shrivastava Vs Suresh Singh (AIR 1976 SC 1904), The Supreme Court observed that in matters relating to questions regarding adequacy or sufficiently of training the expert opinion of public service commission would be generally accepted by the court.

Very Recently, in State of Gujrat Vs. M. I. Haider Bux (AIR 1977 SC 594), The Supreme Court held that under the provisions of the Land Acquisition Act, 1994, Ordinarily, government is the best authority to decide whether a particular purpose is a public purpose and whether the land can be acquired for the purpose or not.

Thus, on the one hand, the activities and powers of the government and administrative authorities have increased and on the otherhand, there is great need for the enforcement of the rule of law and judicial review over these powers, so that the citizens should be free to enjoy the liberty guaranteed to them by the constitution. For that purpose, provisions are made in the statutes giving right of appeal, revision etc. and at the same time extra-ordinary remedies are available to them under Article 32, 226 and 227 of the constitution of India. The Principle of judicial review is also accepted in our constitution, and the order passed by the administrative authorities can be quashed and set aside if they are malafied or ultravires the Act or the provisions of the constitution.

And if the rules, regulations or orders passed by these authorities are not within their powers, they can be declared ultravires, unconstitutional, illegal or void.

Function of Administrative Law In A Democratic Country

Administrative Law has come to be accepted as a necessary evil of all democratic countries of the world where welfare schemes for the general body of people are planned. It has been accepted as inevitable for modern states, more to because of the concept of a socialistic pattern of society and a welfare state which has been introduced and administered by the government in our country.

Function of Administrative Law
As regards the functions of Administrative law. A primarily consists in finding be ways in which Administration would be kept within a limit, so that the discretionary powers of Administrative authorites could not become arbitrary powers.

According To Prof. Wade
“The central question in Administrative law is how the legal ideas of fair procedure and just decision can be infused into the Administrative powers of the state”.

Administrative law supplies solution to the problem of reconciling freedom and justice for the private citizen with the necessities of a modern government charged with the promotion of social and economic policies in our country. If proper means of control executive and judicial, improving the procedure and extending the scope of judicial review are imposed on Administrative process, dangers of its being arbitrary are reduced.

According To Benjamin
“The task of administrative law is to reconcile, in the filed of administrative action, the democratic safeguards, standard of fair play with the effective conduct of the government”.

Importance of Administrative Law Is Growing – Reasons

There are several reasons and factors which are responsible for the growth of This new branch of law. Some of the reasons and factors are responsible for the rapid growth of Administrative law in 20th century.

1. Changed relations of Authorities and Citizens

It can be seen from the present set up of the Administration that relations of the public authorities with the citizens have been deeply changed. Citizens were not directly involved in the administration in the earlier days. They were some what isolated from the sphere of Administration. There was a wide gap between the Administrative organs and the then citizens. This is not the case today. Today in most of the states there is a democratic Administration of either type. It is therefore, the association of the people is found to be integral. The citizens are closely assolated with the state Administration. In view of these changing relations, the basic structure of the legal set up needs to be rearranged. The Administrative law, has therefore, developed.

2. Origin of Welfare State Concept

During the period of 19th and 20th Century the concept of state was developed. According to the doctrine of welfare the basic objective of the State Administration is to achieve maximum Welfare of the masses. Each and every policy of the state should aim at maximum welfare of the people. It obviously added to the functions of state. The theory of increasing functions of the state has been accepted by almost all. Increase in functions of the states created several problems and complications. It was, therefore, thought necessary to solve the problems to enact separate Branch of Law and hence the branch known as the Administrative Law has been developed.

3. Inadequacy of the Legislations

At present there are several drawbacks in the present Legislations. It would have been, therefore, found very difficult to accommodate the new Administrative machinery in the existing legislations. In order to meet the expanding needs of changed social, economic characterised problems, the new branch of law, i.e. Administrative Law was necessary.

4. Inadequacy of Courts

As it is quite known to us that the present courts are overburdened with the huge work, it is almost impossible for the present set of courts to solve the ever crowded problems of Administration along with its own. It is therefore, proposed that there should be separate Branch of Law for the problems of Administration and hence this new Branch has been developed.

5. Technical Experts are with Administrative Organs
At present all the technical experts are with the Administrative organs. In case it is attempted to shift the legal job of Administration to the present judiciary and the present legislations, the same will be handicapped due to lack of technical knowledge.

Thus in order to utilise and use the talent of the technical experts which are at present with the Administrative organs it is really wise creating new and co-ordinating branch of law i.e. Administraive law.

And Lastly, we can say that they act as an impartial arbitrator, and hence there is a need of separate Administrative Law.

6. Union of both Administrative & Judicial Function

As per the Principle of separation of powers these organs of Administration have been proposed and created. The Executive, the Legislative and Judiciary are these three organs which are functioning separately. But in order to co-ordinate both Administrative Law for Administrative Organs.

7. The Judicial System Proved Inadequate

To decide and settle all the disputes. It was slow, costly inexpert, complex and formalistic. It was already over-burndened, and it was not possible to expect speedy disposal of even very important matters. e.g. Disputes between employers and employees, lock-outs, strikes etc. Therefore industrial tribunals and labour courts were established which possessed the techniques and experts to handle these complex problems.

Final Glance
In simple words, the reason behind the growing importance of Administrative law is the assumption by the Administrative authorities of very wide powers including legislative and judicial which was the result of the social welfare state. Since Administrative law is primarily concerned with the control over the exercise of their powers, i.e. to prevent Administrative authorites from abuse and misuse of powers, it has become a subject of growing interest.

Sources of Administrative Law – An Independent Branch of Law

Administrative Law is mainly concerned with powers. It is necessary to examine the sources of powers before considering in details how power is controlled. The customary divisions of the sources of legal power are “Common law” and “Statute”, so it is with administrative authority. So far as the Central Government is concerned its common law powers falls under the Royal Prerogative which however has no relevance to the activities either of local Government authorities or modern statutory corporations. Which include both ministerial departments. Such as Housing and Local Government Education. Since the latter are exclusively the creation of parliament it follows their powers are derived solely from the same source.

In the realm of the Administrative law, the conflict between the parliament and courts would arise whenever the former seeks to abridge any of the fundamental rights of the citizens which are justiciable.

Sources of Administrative Law
Now the question arises as to what are the sources of Administrative law. The following are the chief sources of Administrative law:

1. Statutes

Statute law is, then, a well high exclusive source of Administrative power. The term covers both Act of parliament and delegated legislation. Act of parliament comprise public general Acts and private or local Acts.

Delegated of Parliament comprise public general Acts legislation, includes statutory rules and orders. Acts of parliament fall into two categories which may be conventionally termed constituent Acts and enabling Act, but some Acts deal with both constitution and power. In short, we can say statues are one of the important sources of Administrative law.

2. Constitution

The constitution of India deals with formulation of the executive, the powers of the executive during peace and emergency times.

Administrative law is concerned solely with the Administrative acts or either the administrator or of quasi judicial bodies. Now the methods by which such acts are interfered with are by the use of the prerogative or common law writs, especially by the writs of certiorari, mandamus and prohibitions. These writs are issued only by the High Courts in England and by the Supreme Court and High Courts in India under Articles 32 and 226 of the constitution of India.

This jurisdiction excludes ordinary courts. Very civil or criminal proceedings in the land. Because those proceedings carry with them the safeguards provided by statute of the appeal, revision and review. Hence, it is clear that these writs are not available against the judicial proceedings of the courts.

The constitution of India also provides under Article 299 and 300, the contractual and tortious liability of the government servants.

Administrative Law – Independent Branch of Law

“Administrative law is a part of constitutional law. It has become an independent branch of study only recently.”

Sometimes, a question is asked as to whether there is any distinction between constitutional law and Administrative law. Till recently, the subject of Administrative law was dealt with and discussed in the books of constitutional law and no separate or independent treatment was given to it. In many definitions of Administrative law, it was included in constitutional law, though in essence constitutional law does not differ from Administrative law as much as both are concerned with the functions of the government, both are concerned with the functions of the government, both are part of public law in the modern state and the sources of both are the same. Yet there is a distinction between the two.

According to Hood Phillips,

“Constitutional law is concerned with the organisation and function of government at rest while administrative law is concerned with that organisation and those functions in motion.”

According to Maitland,

“While constitutional law deals with structure and the broader rules which regulate the functions, the details of the functions are left to administrative law.”

According to Prof. Wade,

“With the exercise of governmental power. Administrative law is itself a part of constitutional law.”

Administrative law has now become independent branch of study. But it was denied recognition in USA and United Kingdom. Prof. Dicey repudiated its existence in UK and his view continued to occupy the minds of thinking persons till the advent of the report of the committee of ministers. He misunderstood “Droit Administration” which he indent field with Administrative law. According to him, since there was no dual system of judiciary in Great Britain like France, there is nothing like term “Administrative Law” in England, while summarizing the views of Holland in this regard Maitland, said, “I think we catch his idea if we say that while constitutional law deals with structure, administrative law deals with function”.

Thus according to the view of these writers, Administrative law and constitutional law both deal with the same subject. As Griffith writes that the truth is all these writers (with possible exception of Austin) would themselves, point out, that any definition of constitutional or Administrative law and any distinction drawn between them are arbitrary and based on the convenience of the particular writer. Consequently Administrative law was within the books of constitutional law, till recently. Although there is much similarity In the subject-matter of the two laws as the definition of Administrative law by Ivor Jennings clearly indicates yet the tremendous growth in the scope of Administrative law has separated from constitutional law. It was Frank J. Goodnow who first took up Administrative law as a separate subject. He wrote a book titled “Comparative Administrative Law” (published in 1893).

In India, Administrative law has not grown up fully. It is in infant stage. As regards the relationship between the two branches of law there is no deviation from the modern tendency of though that Administrative law is an independent branch of the subject although the knowledge of the Indian constitutional law is indispensable for understanding the correct position of Administrative law in India.

Indian constitution itself envisages a few Administrative bodies mainly from the point of view of inter-state corporation and co-ordination and to solve inter-state problems. Examples are Inter-state council, the Finance Commission, Union Public Service Commission and the Election Commission. Besides this, we have several provisions in constitution, related to the control of the Administrative powers.

In simple words, Administrative law is very much related to constitutional law. Administrative law owes much to constitutional law, in spite of the fact that the former has developed as an independent branch of study. In many ways constitutional law is the determining factor of Administrative law.

Understanding The Nature and Scope of Administrative Law

Nature of Administrative Law
Administrative Law is a new branch of law that deals with the powers of the Administrative authorities, the manner in which powers are exercised and the remedies which are available to the aggreived persons, when those powers are abused by administrative authorities.

The Administrative process has come to stay and it has to be accepted as a necessary evil in all progressive societies. Particularly in welfare state, where many schemes for the progress of the society are prepared and administered by the government. The execution and implementation of these programmes may adversely affect the rights of the citizens. The actual problem is to reconcile social welfare with rights of the individual subjects. The main object of the study of Administrative law is to unravel the way in which these Administrative authorities could be kept within their limits so that the discretionary powers may not be turned into arbitrary powers.

Scope of Administrative Law

There are several branches of the science of law. The Administrative Law is a recent branch of the science of law. In the political science there are few Administrative organs. Certain functions have been allotted to these organs in the Administrative Machinery. The Administrative law deals with the structure, functions and powers of the Administrative organs. 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 privileges are damaged by their operations.

From the few lines above explaining the meaning of the Administrative law, we can notice the exact scope of this new branch of Law.

The scope of Administrative law can be narrated as under :-

The methods and procedures of these Administrative organs are also studied by this new branch of law.
It covers the nature of structure, powers and functions of all these administrative organs.
It also makes available all the relevant remedies to the persons whose rights are infringed by the operations of these organs during the course of Administration.
Why and How the Administrative Organs are to be controlled is also viewed by the Administrative law.
In this way alongwith the development in the Political Science and alongwith the idea of federal Administration, the separate branch of Administrative law has been developed. It is to be clearly noted that this branch of Law is exclusively restricted to the Administrative organs only. The delegated legislations are supposed to be the backbone of the Administrative law.

An Opinion of Prof. Wade

According to Prof. Wade, The organisation, the methods, the powers (Whether styled Administrative, legislative or judicial) and the control by the judicial authority of all public authorities is the ambit of Administrative law in United Kingdom. This is equally true with regard to scope of Administrative law in India. With the growth of the powers of Administrative authorities the question as how to control these powers became very relevant. If the finally and exclusive character of Administrative action is not subjected to judicial control and legislative responsibility it would not have in the society and that Hewart described “New disposition would prevail over”.

An Opinion of Freund

Freund, has brightly summed up in the following words the main concern of the subject :-

The main problem of Administrative law related to the nature and operation of official powers (permits and orders, ministerial or discritionary scope and legitimacy of underlying conditions), the formal procedural conditions for the exercise of powers, official and communal liability, the specific remedies for the Judicial Control of administrative action (legal, equitable and statutory) jurisdictional limitations of powers and, questions of Administrative finality.

Conclusion

Thus Administrative law can be said to be science of power of Administrative authorities, and the nature of their powers can be studied under the three heads

Legislative or Rule making,
Purely Executive,
Judicial or Adjudicative
Now the main consideration of Administrative law is the control over the exercise of these powers.