Introduction of Administrative Law:-
Administrative law is a branch of public law. It is closely connected with the constitution of our country. Constitution is also considered as source of administrative law. Administrative law has a separate legal existence or entity in independent India. It deals with administrative authority of our nation.
In modern welfare state, the functions of the government has increased enormously. The state today not only maintains law and order but also deals or perform various social, economic and welfare activities, such as education, health, housing, transport, employment etc. To perform these functions efficiently, the government acts through a administrative authorities.
In simple words:- Administrative law regulates these authorities and ensure that they act within the limits of law
Administrative Authorities are:
- Legislature
- Executive
- Judiciary
What is the Meaning of Administrative Law?
Administrative Law means a law that deals with powers, function, structure and control of administrative authority.
According to Ivor Jennings:-
Administrative Law is related to the administration. It determines the organization power and duties of administrative authorities.
According to Dicey:-
It relates to the legal principles governing and administrative and control of administrative powers.
What are the objectives of Administrative law:-
- To make a check and balance of power of administrative authority.
- To maintain “Rule of Law”.
- Share the burden of all the three government bodies. (Legislative, Executive and Judiciary),
- Protects individuals rights.
- Builds public confidence in administration.
- Strengthens the Democracy
Scope of Administrative Law:-
- Branch of Public Law:– It covers the legislative, executive and quasi-judicial body power of authorities. Deals with state and all individuals.
- Uncodified Law:- It means those law which are not codified, or which are not written in sections. They are not passed in our our parliament but they have been developed by judiciary we can interpret it as we want.
- Pervasive Legal Discipline:- Its scope is very vast, it regulates the exercise of discretionary power to prevent misuse and arbitrariness.
- Administrative Tribunals:- Covers the function, power and procedure of tribunals such as CAT, SAT, etc.
- Composition powers and functions of Administrative Authorities:-Judiciary, legislative and executive.
- Follow the Principal of Natural justice:-There are two important terms:- *Audi Alteram Partem means (Right to be heard), and another term is *Nemo -Jedex in Causa Sua means (No one should be a judge in his own cause), and also tells us about administrative process in proper ways.
- Remedies Against Administrative Action:- Includes writs: Habeas corpus, Mandamus, Prohibition, Certiorari, Qua-Warranto.
Nature of Administrative Law:
- Ensure Rule of Law:- It ensure that administrative authorities act within legal limits and do not become arbitrary.
- Regulates Administrative Action:- It does not completely eliminate discreation but ensures that direction is exercised fairly reasonably and lawfully.
- Flexible and Dynamic:- Administrative law is no rigid. It change according to the needs of society and the growth of the welfare state.
- Judge Made law:- Most principles of this law have been developed by courts through Judicial decision rather than studies.
- Branch of Public law:- It deals with the relationship between state and individual, hence it is a part of public law.
Function of Administrative Law:-
- The primary function of this law is to keep check and balance of the government powers with limits and to protect private rights and individuals rights and interests.
- Administrative Law determines as to who are the administrative authority, who have power to exercise them.
- It has a control function, acting in negative sense as a brake or check in respect of the unlawful exercise or abuse governmental administrative power.
- It embodies includes principles to facilitate good Administrative Practice for example in ensuring that the rules of natural justice of fairness are adhered to.
- It operates to provide for accountability and transparency, including participation by interest individuals and parties in the process of government. Example:- Through membership of a pressure groups or interest groups such as green piece.
- It provides a remedy for grievances occasioned at the hands of public authorities.
Conclusion:-
Administrative law plays a crucial role in protecting the rights and liberties of individuals by preventing misuse of power, arbitrariness and injustice by the administration. Through principles like rule of law, natural justice, judicial review and accountability, it ensures fairness, transparency and reasonableness in administrative actions.
