“Introduction of administrative law”

“Introduction of administrative law”

Administrative Law is that portion of law which determines the organization, powers and duties of administrative authorities.

Mr. M.J Fort of England defined administrative law for the first time in the year 1929 in his book on administrative law stating that administrative law is that portion of law which is traced in rules, regulations, notifications, order, bye-laws, schemes, circulars etc.

The most significant and outstanding development of the twentieth century is the rapid growth of administrative law.

Though administrative law has been in existence, in one form or the other, before the 20th century, it is in this century that the philosophy as to the role and function of the State has undergone a radical change. The governmental functions have multiplied by leaps and bounds. Today, the State is not merely a police State, exercising sovereign functions, but as a progressive democratic State, it seeks to ensure social security and social welfare for the common man, regulates the industrial relations, exercises control over the production, manufacture and distribution of essential commodities, starts many enterprises, tries to achieve equality for all and ensures equal pay for equal work.

It improves slums, looks after the health and morals of the people, and provides education to children and takes all the steps which social justice demands.

In short, the modern State takes care of its citizens from ‘cradle to grave’. All these developments have widened the scope and ambit of administrative law.

Definitions:

It is indeed difficult to evolve a scientific, precise and satisfactory definition of Administrative Law. Many jurists have made attempts to define it, but none of the definitions has completely demarcated the nature, scope and content of administrative law.

Ivor Jennings defined it as:

“Administrative Law is the law relating to the administration. It determines the organization, powers and duties of the administrative authorities”

This is the most widely accepted definition.

But according to Griffith and Street,

There are two difficulties:

1: It does not distinguish administrative law from constitutional law; and

2: 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.

Again, it does not include the remedies available to an aggrieved person when his rights are adversely affected by the administration.

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.”

In one respect, this definition is proper as it puts emphasis on procedure followed by administrative agencies in exercising their powers.

Upendra Bakshi:

Professor Upendra Bakshi of India has defined administrative law as

“That portion of law which controls the abuse of powers by the administrative authorities so as to protect the rights of individuals”

On an analysis of the above definitions, it may be submitted that there is no comprehensive definition of administrative law till today. In can be concluded that administrative law is that portion of law which determines the organization, powers and duties of administrative authorities, administrative agencies, quasi administrative authorities, and the law that governs the judicial review of administrative activities.

“Reasons for Growth of Administrative Law”

Administrative law is considered as an intensive form of government. It deals with the pathology of functions. The functions that are discharged by the administrative authorities differ from time to time depending upon the changes in socio-economic conditions in any nation.

The following factors are responsible for the rapid growth and development of administrative law:

1) Change in philosophy of state:

There is a radical change in the philosophy as to the role played by the State. The negative policy of maintaining 'law and order' and of 'laissez faire' is given up. The State has not confined its scope to the traditional and minimum functions of defence and administration of justice, but has adopted the positive policy and as a welfare State has undertaken to perform varied functions.

2) Urbanization:

Due to the Industrial Revolution in world and due to the emergence of the factory system in our country, people migrated from the countryside to the urban areas in search of employment in factories and large scale industries. As a result of which there arose a need for increase in providing housing, roads, parks, effective drainage system etc. Legislations were enacted to provide all these basic facilities and accordingly administrative authorities were required to make rules and regulations, frame schemes for effective infrastructure and facilities which ultimately lead to the growth of administrative law.

3) To meet Emergency Situations:

Enacting legislations, getting assent from the President is all a lengthy process, whereas it is very easy and quick to frame schemes and rules for meeting any emergency situations that arise in a locality. Due to the flexibility of making the rules, obviously there is a constant growth of administrative law making in the country.

4) 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 coordinate both Administrative Law and for Administrative Organs

5) Inadequacy of Courts:

The judicial system proved inadequate to decide and settle all types of disputes. It was slow, costly, inexpert, complex and formalistic. It was already overburdened, and it was not possible to expect speedy disposal of even very important matters, e.g. disputes between employers and employees, lockouts, strikes, etc. These burning problems could not be solved merely by literally interpreting the provisions of any statute, but required consideration of various other factors and it could not be done by the ordinary courts of law. Therefore, industrial tribunals and labour courts were established, which possessed the techniques and expertise to handle these complex problems.

6) Inadequacy of the Legislations:

The legislative system was also inadequate. It had no time and technique to deal with all the details. It was impossible for it to lay down detailed rules and procedures, and even when detailed provisions were made by the legislature, they were found to be defective and inadequate, e.g., rate fixing. And, therefore, it was felt necessary to delegate some powers to the administrative authorities.

7) 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 coordinating branch of law i.e. Administrative law.

8) Scope for experimentations:

There is scope for experiments in administrative process. Here, unlike legislation, it is not necessary to continue a rule until commencement of the next session of the legislature. Here a rule can be made, tried for some time and if it is found defective, it can be altered or modified within a short period. Thus, legislation is rigid in character while the administrative process is flexible.

9) Can avoid technicalities:

The administrative authorities can avoid technicalities. Administrative law represents functional rather than a theoretical and legalistic approach. The traditional judiciary is conservative, rigid and technical. It is not possible for the courts to decide the cases without formality and technicality. The administrative tribunals are not bound by the rules of evidence and procedure and they can take a practical view of the matter to decide complex problems.

10) Can take preventive measures:

Administrative authorities can take preventive measures, e.g. licensing, rate fixing, etc. Unlike regular courts of law, they have not to wait for parties to come before them with disputes. In many cases, these preventive actions may prove to be more effective and useful than punishing a person after he has committed a breach of any provision or law. As Freeman says, "Inspection and grading of meat answers the consumer's need more adequately than does a right to sue the seller after the consumer is injured."

11) Can take effective steps:  

Administrative authorities can take effective steps for enforcement of the aforesaid preventive measures; e.g. suspension, revocation and cancellation of licenses, destruction of contaminated articles, etc. which are not generally available through regular courts of law.

12) 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 somewhat 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 assonated 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.

“Conclusion”

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 authorities from abuse and misuse of powers, it has become a subject of growing interest.

In recent times a new branch of Administrative Law is emerging, which is popularly called Global Administrative Law. According to this the WTO is dictating guidelines on subsidiaries, facilities and services to the people in different countries. The Banks have also not been spared from the interference of the WTO guidelines. Thus, it may be submitted, that due to the emerging Global Administrative Law, in the near future there is every possibility for the necessity to relook into the reasons for growth of Administrative law.