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Development Of Administrative Law In India

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 present.

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

  1. Welfare Of State

    The 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.
     
  2. Delegated Legislation

    When 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.
     
  3. Establishment Of Courts

    The 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 complex problems.
     
  4. Preventive Measures

    Administrative 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 judicial powers.

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