Administrative law deal with powers & duties of administrative authorities, the manner in which the powers are exercised & the remedies which are available to the aggrieved persons, and when those power are abused by these authorities.Administrative authorities by way of delegated legislation exercise legislative functions & makes rules, administrativeauthorities also exercise judicial powers for adjudication of disputes by establishing anumber of administrative tribunals.
2. Definition of admin law:
It is indeed difficult to evolve a scientific precise and satisfactory definition ofadministrative law. Many jurists tried to define it is follows.
(I) Ivor Jennings:
“Administrative law is the law relating to the administration. It determines the organisation, powers & duties of theadministrative authorities.”
(II) Dicey:
“Denoting that portion of the national legal system which determines the legal status and liabilities of all state officials, which defines the right & liabilities of private individuals in their dealings ith public officials.”
(III) K. C. Davis:
“Administrative law is the law concerning the powers & procedures of administrativeagencies, including especially the law governing judicial review of administrativeaction.”
3. Nature of administrative law:
If we use the nature of administrative law, it adopts its validity from constitution, and adopted its powers from delegated legislative” and “quasi-judicial “ powers.
4. Scope of administrative law:
Administrative law deals with powers & duties of administrative authorities, the manner in which the powers are exercised & the remedies which are available to the aggrieved persons, when those powers are abused by these authorities.
5. Object of the study of admin law:
The main object of the study ofadministrative law is to finds out the way in which these administrative authorities could be kept within their limits so that the discretionary powers may not be turned into arbitrary & uncanalised powers.
6. Importance of admin law:
The objectives of administrative law are to ensure legal control of administrative power & to provide protection to the individual against abuse of such power. In such a context study of administrative law becomes of great significance.
7. Reasons for growth of administrative law:
The following factors are responsible for the rapid growth and development ofadministrative law.
(I) Inadequacy of judicial system:
The judicial system proved inadequate to decide and settle all the disputes. It was slow, costly, inexpert and formalistic. Thus we can not expect speedy disposal of even important matters. To solve problem individual tribunals & labour courts were established, which possessed the techniques & expertise to handle.
(II) Inadequate legislative process;
The legislative process was also inadequate. It had no time & technique to deal with all the details it was impossible for it to lay down detailed rules & procedures, and mostly those rules found defective & inadequate. Therefore it felt necessary to delegate some powers to administrativeauthorities.
(III) Less technical & informal nature of admin law:
Administrative law unlike legislation can be altered or modified within a short period if it is found defective. It possesses informal s less-technical nature. Legislation is rigid in character while the administrative person isflexible.
(IV) Functional s less-procedural character:
Administrative law represents functional rather a theoretical legalistic approach. The traditional judiciary is conservative rigid & technical. The administrative tribunals are not bound by the rules of evidence and procedure.
(V) Preventive measures to enforce law & to punish peoples:
Administrative authorities can take preventive measures, unlike regular courts of law. They have not be wait for parties to come them with disputes. In many cases these prventive actions prove to be more effective & useful to punish a person who commits any branch of law.
(VI) Effective steps to enforce preventive measures:
Administrative authorities can take effective steps for enforcement of the preventive measures like suspension, revocation & cancellation of licenses etc. which are not generally available through regular courts.
(VII) Radical change in philosophical:
There is a radical change in the philos0ohy as to rote played by the state. Today the expectation from the government is not only to protect its people from external aggression and internal disturbance but also to take care of its citizens. Therefore the development of administrative process & admin law has become the cornerstone of modern political philosophy.
(VIII) People’s pressure to solve their problems:
Today there is a demand by the people that government must solve their problems rather then merely define their rights. This implies the growth of administrative law & process.
(IX) Maintaining of industrial harmony:
Unlike past administrative process decreasedratio of fatal dispute in industries.Administrative processes maintain industrial harmony which is essential for economic growth. This has led to the growth ofadministrative law & process.
(X) Phenomenal growth in science & technology:
Phenomenal growth n science & technology in the 21st century has placed a counter-balancing responsibility on a government to control. The force which science & technology have unleashed. The multi-dimensional problems with varied social, economic & political ramifications cannot solved except with growth of administration & law regulating administration.
(XI) Inadequacy of traditional type of courts and law making organs:
The inadequacy of traditional type of courts & law making organs to give the quality & quantity of performance which is required in the twentieth century for the functioning of a welfare government is the biggest single reason which has led the growth ofadministrative process & law.
(XII) Inability of legislature to pass all kinds of laws:
Because of limited time, the technical nature of legislation the need for flexibility experimentation and quick action, the traditional legislative organs can not pass that quality & quantity of laws which are required for the functioning of a modern government. Therefore, the growth ofadministrative legislative process become inevitable.
8. Operation & control of administrativeauthorities:
All to Griffith & street:
According to Griffith & street the main object of administrative. Law is the operation & control of administrative authorities must deal with following three aspects.
(i) What sort of power does the administration exercise?
(ii) What are the limits of those powers?
(iii) What are the ways in which the administration is kept within those limits?
9. Conclusion:
Administrative law has been characterized as one of the most outstanding legal developments of the twentieth century. The increase in administrative functions has created a vast new complex of relations between the administration and the citizen.Administrative law seeks to adjust the relationship between public power and personal rights. The importance ofadministrative law lies in the administrativeof justice it is also the basic object ofadministrative law. It is also very important to control the administrative authority by the system of check and balances or by judicial to make the government of law rather than men.
