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The Evolution and Impact: Unraveling the Growth of Administrative Law

Administrative Law is known as the Most Outstanding Legal Development Of 20th Century, Admin law is developed in 20th century. It does not mean that before 20th century there were no administrators, Mauryas and Guptas were very good Administrators. Before Independence British ruled our country, their object is to dominate and continue Trade in India and they use to follow the Principle of Laissez Faire state which means leave us alone.

It means Minimum Government control and maximum enterprise and contractual freedom. It also known as Police State where ordinary peoples freedom is dominated by Strong people in the society, when Britishers left India, we framed Constitutional Law and it is known as the Law of the Land and its main Object is WELFARE STATE and to maintain Sovereign, Socialist, Secular, Democratic and Republic of the country, This welfare state has increased the burden on Government and later resulted in SEPARATION OF POWERS namely Legislature, Executives, Judiciary.
  • Legislature: is vested with Law making power.
  • Executive: is vested with the power to implement the Laws.
  • Judiciary: is vested with the power to interpret the Statute.
Administrators are also the part of Executives, and they are vested with lots of powers, where Administrators can sometimes misuse such powers and hence Administrative Law came into existence.

Reasons for Growth of Administrative Law:
  1. The concept of welfare state
  2. The inadequacy of Legislature
  3. The inefficiency of judiciary
  4. Urbanization
  5. High scope for experiment
  6. To meet emergency situation
  7. Local knowledge
  8. Need for technical knowledge and skills
  9. Precautionary measures
  10. Effective enforcement Mechanism

Difference between Administrative Law and Constitutional Law
S.No Administrative Law Constitutional Law
1 Deals with how Administrators perform their functions and principles followed by them, and remedy provided by them will be mentioned if any Law is violated. Deals with Nature of the State and Structure of the State where as the structure of the state is central and State Government and former contain Parliament and Latter one contains assembly.
2 It deals with the power, functions of the administrators. It deals with how Administrators are appointed and the qualification required to be appointed as administrators.
3 Administrative law is developed based on precedents. In case of constitutional Law no precedents are considered.

According to Holland:
S. No Administrative Law Constitutional Law
1. Describes various organs of the state at motion Describes various organs of  Government at Rest

According to Jennings
S. No Administrative Law Constitutional Law
1 Administrative Law deals with organizations, functions, Duties of Administrators Constitutional Law deals with general principles concerning the Administrators
2 Administrative Law deals with details Constitutional Law deals with fundamentals

Sir Ivor Jennings: He defined administrative law is the law relating to administration, it determines Organization, Powers and duties of the Administrative authorities.

This is accepted by number of jurists but even has been criticized by Griffith and Street

  • This definition did not describe the difference between Administrative law and Constitutional Law.
  • Silent regarding how administrative actions should be controlled.
Dicey: He defined Administrative Law in three ways:
  1. Administrative Law determines the legal status and liabilities of all state officials.
  2. Rights and Liabilities of private individuals dealing with public officials.
  3. Says the procedure by which those rights and liabilities are enforced.
  • His definition is very Narrow in sense
  • It did not consider various and all aspects of Administrative Law.
  • Legislative functions, judicial functions are not considered.

Professor Wade:
Defines Administrative Law is concerned with operation and control of the power of Administrative authorities.

More emphasis on control but not on functions.

Administrative law deals with the following:
  • It deals with the composition and powers of organs of administrators
  • It deals with the limits of the powers of authorities
  • Deals with procedure used in exercising the powers mentioned
  • Deals with control of Administration through judicial and any other means


Administrative law aims to solve problems and ensure welfare for citizens, with judicial reviews ensuring control and oversight.

Award Winning Article Is Written By: Ms.Ojovathi Kamjula
Awarded certificate of Excellence
Authentication No: JL319076961748-2-0723

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