NATURE, SCOPE AND REASONS FOR GROWTH OF ADMINISTRATIVE LAW

NATURE OF ADMINISTRATIVE LAW:

Administrative law is the branch of public law. The laws that are restricted to the administrative authorities are the concern of this Administrative law. Administration is the is the executive branch, which deals with the implementation of law. This law is not at all concerned with the power of the state, rather how is this power supposed to be exercised by the State to promote public interest is what it is solely concerned with. The government is also classified as administration and its powers and actions are administrative in nature.

The concept of administrative law also existed during the ancient times as well but in a different manner and style such as Rules of Dharma. After the British rule ended, powers of the government increased manifold because of the introduction of may laws

SCOPE OF ADMINISTRATIVE LAW IS:

The scope of executive function was defined in the case of Ram Jawaya Kapur vs State of Punjab,[1] it was here held that administrative actions are those which are neither legislative nor judicial in nature.

  1. It confines itself to the nature of the power of administration, and
  2. The manner in which this power is to be exercised.

Under the scope, certain things were excluded, such as:

  1. Examination of the content of such exercised powers and functions.
  2. The inquiry into the internal structure and working of the administration.

The case held that only when administrative actions operate in respect of prejudice to any person, then we need to look for the legislative authority, the power to make such action must be given by some legislature under some law. It is not possible to give the exhaustive list of all the executive functions and whatever does not fall within the scope of legislature and judiciary, is the sole function of executive. Only when the executive action is infringing the rights of persons then the legislative action must be looked for.

REASONS FOR GROWTH OF ADMINISTRATIVE LAW ARE:

  1. The growth of administrative functions and powers as a result of great structural changes in the 20th century as there was many power and function but how is this to be exercised, measures etc nothing was incorporated or mentioned and this is the need for proper working of the government.
  2. The shift from laissez faire system (non-interfering) to that of social welfare state, which is embodied in our Constitution so that people could think about themselves and the country.
  3. State activism and multiple roles played by the State. These roles include service provider, economic regulator, facilitator etc and playing these may roles altogether without nay proper management would lead us nowhere and is not long lasting.
  4. Insufficiency of the traditional courts and the law-making organs which could formulate the laws efficiently for the people

The need for the limitation on the power of executive, sought for the growth of Administrative law. The backwardness of the government in the modern era, also regulated the increase for the developmental and regulatory functions of the government.


[1] AIR 1955 SC 549.

Aishwarya Says:

I have always been against Glorifying Over Work and therefore, in the year 2021, I have decided to launch this campaign “Balancing Life”and talk about this wrong practice, that we have been following since last few years. I will be talking to and interviewing around 1 lakh people in the coming 2021 and publish their interview regarding their opinion on glamourising Over Work.

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