The principle objective behind the study of administration law is to unwind how
these administrative authorities could be kept within their limits with the goal
that the discretionary powers may not be transformed into arbitrary powers. In
simple words, administrative law restrains the authorities from using their
powers in an abusive manner and ensure that the Administrative or public
authorities works in a legal, reasonable and efficient way.
Administrative law has developed from a combination of forces, some pushing on
the legal system from without while others from within. From without came the
most powerful forces, economic and social; from within came resistance against
the impractical technicalities and inflexibility of a structure adapted by older
generations, conditions, and foundations, and which were welded too firmly on
The law in India can be followed back to old history times. The Maurya and the
Gupta dynasties of Ancient India had incorporated administrative framework. The
rulers in the front time of history were for the most part concerned
significantly around Protecting the state from external aggression, maintaining
law and order, and Collecting taxes. The law since then has evolved in order to
be practiced in present nation.
Evolution Of Administrative Law With Introduction Of East India Company
With the arrival of the British in India and event of the British Rule in India
there was the advent of modern administrative law. Establishment of East India
Company increased the powers of government. Many Acts, statutes and Legislation
were brought and passed by the British government regulating public safety,
health, morality transport and labour relations. Practice of permitting
Administrative licence began with the State Carriage Act 1861.
The very first
public corporation was established under the Bombay Port Trust Act 1879. The
concept of delegated legislation was accepted as legitimate power of the
Executive within the Northern India Canal and Drainage Act, 1873 and Opium Act
1878. Proper and effective steps were taken to manage the trade and traffic in
explosives by the Indian Explosives by the Indian Explosives Act 1884.
During the Second World War, the executive powers massively expanded Defence of
India Act, 1939 and the guidelines made thereunder conferred abundant powers on
the property of an individual with little or zero judicial authority over them,
In addition to this, the government issued many orders and ordinances, covering
several matters by way of Administrative directions. Since independence, the
activities and the functions of the government have additionally increased. To
illustrate, the amendments in the Industrial Disputes Act 1947 and the Minimum
Wages Act 1948 significantly standardized important social security measures to
be taken for those employed in Industries.
Insights On Development Of Administrative Law In India
Welfare Of StateThe philosophy of welfare of state is well embodied in the Indian constitution.
Post-independence, India adopted a welfare state approach, which successively
increased state activities. In line with the doctrine the basic objective of the
State Administration is to attain maximum welfare for the masses. All the
policies of the state should aim at maximization of welfare of the people. With
increase in power and activity of the Government and administrative authorities,
the necessity for Rule of Law and Judicial Review of State actions also
increased. In the Constitution itself, provisions were made to secure citizens
social, economic and political justice, equality of status and opportunity. The
ownership and control of material resources of the society should be so
allocated as best to sub-serve the common good.
Small steps were taken by the government for the development of the law, were,
for example, the Industrial (Development and Regulation) Act 1951, The Urban
Land (ceiling and Regulation) Act 1976, The Payment of Bonus Act 1965, The
Companies Act 1956, the Essential Commodities Act, 1955, the Requisitioning and
Acquisition of Immovable Property Act 1952, the Banking Companies (Acquisition
and Transfer of undertakings) Act, 1969, The Maternity Benefits Act, 1961, The
Equal Remuneration Act 1976, The Beedi Worker's Welfare Fund Act, 1976 etc.
Delegated LegislationWhen the functions of Legislature are entrusted to organs aside from the
legislature by itself, the legislation made up by such organ is named Delegated
Legislation. This power is delegated to the executives or the administrators to
resolve the issues which they face on day to day basis. Delegation of
legislation provides the chief room for experimentation. This provides for fast
utilization of experience, talent and implementation of the changes as and when
needed. As an example, in matters of an experiment through with relation to
traffic norms will help the administrative/ executive authority better
understand the effect of such norms and work to cater the interests of the
stakeholders involved. If the changes made are successfully implemented, they're
satisfactory and in case there are problems, the same can be solved immediately.
Establishment Of CourtsThe judicial system was proved to be an inadequate to determine and settle all
kinds of disputes. It was slow, costly, inept and complex. The judiciary was
already overburdened, and it was not possible to expect fast disposal of even
very important matters. The important problems could not be solved by mere
interpretation of the provisions of some statutes instead they required
consideration of necessary factors which could not be done by the standard
courts of law. Therefore, industrial tribunals and labour courts were
established, which possessed the techniques and proficiency to handle these
Preventive MeasuresAdministrative authorities can take preventive measures. The authorities do not
have to wait unlike the courts for the party to come before them with dispute.
These preventive actions may prove to be more effective, practical and useful
than punishing a person after he has committed a breach of law. It was well
pointed out by Freeman that, '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”. But the Principle of judicial review is also acknowledged
in our constitution, and the order passed by the administrative authorities can
be quashed and set aside in the event that they are ultravires or malafied or
malafied the provisions or the Acts of the constitution.
To conclude we can say that the administrative law has become a fundamental part
of the advanced government activity and its working incorporate legislative and