Introduction and the concept o administrative law, its meaning, definition, objects, nature, functions, sources, theories and need.
History and Growth of Administrative law in UK, US, France and India.
Administrative law is one of the important subject of law. It is very complicated topic . Here i provide you a Basic note of Administrative that will be helpful to your law entrance examination.
Rule of Law is important topic for all entrance examination. Here we comparison of Rule of Law in India with U.S.A & England. It is very useful all law students.
Legislation and Delegated Legislations are the most common topics for the law students in Bangladesh. In Most of the cases these topics are included under the syllabus of Jurisprudence and Administrative Law.
Administrative law is one of the important subject of law. It is very complicated topic . Here i provide you a Basic note of Administrative that will be helpful to your law entrance examination.
Rule of Law is important topic for all entrance examination. Here we comparison of Rule of Law in India with U.S.A & England. It is very useful all law students.
Legislation and Delegated Legislations are the most common topics for the law students in Bangladesh. In Most of the cases these topics are included under the syllabus of Jurisprudence and Administrative Law.
In this ppt we discuss the basic of administrative law with separation of power. It will helpful for those students who are preparing for law entrance examination. It will be also helpful for those students who are Pursuing LLB or LLM.
This ppt basically covers the all aspects of delegated legislstion. it not only covers its contextual backgrounds but tries to cover its aspects in administrative law. Through this, one can be able to understand each and everything about delegated legislation. It is for the basic learners to the law students too. It identifies the principles of delegated legislation in every field and it puts more emphasis in understanding the basic law behind this concept.
Introduction objective nature and scope to Administrative Lawlegalpuja22
Introduction to Administrative Law
Administrative Law:
The Backbone of Governance
Understanding the Regulatory Framework:
Administrative law governs the actions of administrative agencies.
It ensures proper functioning and accountability within the government.
Key Role in Modern Governance:
Balances the exercise of governmental powers with citizens' rights.
Essential for maintaining the rule of law and ensuring fairness in administrative actions.
Definition by Jurists
Jennings defined Administrative Law as “the law relating to the administration. It determines the organization, powers and duties of administrative authorities.”
Austin defined administrative Law as the ‘law which determines the ends and modes to which the sovereign power shall be exercised.’
K.C. Davis defined Administrative law as “the law concerning the powers and procedures of administrative agencies including specially the law governing judicial review of administrative action.”
Nature and Scope
Regulatory in Nature:
Governs the exercise of governmental powers.
Concerned with Administrative Agencies:
Focuses on the functioning of administrative bodies.
Substantial Reach:
Affects various aspects of public life, from licenses to environmental regulations.
Objectives of Administrative Law
Ensuring Fairness:
Protecting citizens from arbitrary decisions by administrative bodies.
Upholding Accountability:
Holding administrators responsible for their actions.
Safeguarding Rule of Law:
Ensuring that governmental actions are within legal bounds.
Need for Growth of Administrative Law
Ensuring Accountability:
As the scope and complexity of government activities expand, administrative law plays a crucial role in holding administrative agencies accountable for their actions.
It provides mechanisms for oversight, transparency, and redressal, preventing abuse of power and ensuring public trust in governmental institutions.
Safeguarding Individual Rights:
With the increasing involvement of administrative agencies in citizens' lives, there's a growing need to protect individual rights from arbitrary or unfair administrative decisions.
Administrative law establishes procedural safeguards, ensures due process, and provides avenues for recourse against administrative abuses, safeguarding individual liberties.
Adapting to Changing Socioeconomic Realities:
Rapid socioeconomic changes demand flexible and responsive governance mechanisms.
Administrative law evolves to address emerging issues such as technological advancements, environmental concerns, and global challenges, ensuring that governmental actions remain relevant and effective in addressing contemporary challenges.
Promoting Efficiency and Effectiveness:
Administrative law seeks to enhance the efficiency and effectiveness of governmental operations.
By establishing clear rules and procedures, administrative law minimizes bureaucratic inefficiencies, streamlines decision-making processes, and promotes better service
There are 3 organs such as Executive, Legislative and Judiciary. If they play their role without any interpretation then it may call seperation of Power.
Red, green and amber light theories of administrative lawPlutus IAS
The red light theory sees judicial control over administration as a weapon of sound administration while the green light theory perceives such control as an intervention or obstacle to the administrative process.
In this ppt we discuss the basic of administrative law with separation of power. It will helpful for those students who are preparing for law entrance examination. It will be also helpful for those students who are Pursuing LLB or LLM.
This ppt basically covers the all aspects of delegated legislstion. it not only covers its contextual backgrounds but tries to cover its aspects in administrative law. Through this, one can be able to understand each and everything about delegated legislation. It is for the basic learners to the law students too. It identifies the principles of delegated legislation in every field and it puts more emphasis in understanding the basic law behind this concept.
Introduction objective nature and scope to Administrative Lawlegalpuja22
Introduction to Administrative Law
Administrative Law:
The Backbone of Governance
Understanding the Regulatory Framework:
Administrative law governs the actions of administrative agencies.
It ensures proper functioning and accountability within the government.
Key Role in Modern Governance:
Balances the exercise of governmental powers with citizens' rights.
Essential for maintaining the rule of law and ensuring fairness in administrative actions.
Definition by Jurists
Jennings defined Administrative Law as “the law relating to the administration. It determines the organization, powers and duties of administrative authorities.”
Austin defined administrative Law as the ‘law which determines the ends and modes to which the sovereign power shall be exercised.’
K.C. Davis defined Administrative law as “the law concerning the powers and procedures of administrative agencies including specially the law governing judicial review of administrative action.”
Nature and Scope
Regulatory in Nature:
Governs the exercise of governmental powers.
Concerned with Administrative Agencies:
Focuses on the functioning of administrative bodies.
Substantial Reach:
Affects various aspects of public life, from licenses to environmental regulations.
Objectives of Administrative Law
Ensuring Fairness:
Protecting citizens from arbitrary decisions by administrative bodies.
Upholding Accountability:
Holding administrators responsible for their actions.
Safeguarding Rule of Law:
Ensuring that governmental actions are within legal bounds.
Need for Growth of Administrative Law
Ensuring Accountability:
As the scope and complexity of government activities expand, administrative law plays a crucial role in holding administrative agencies accountable for their actions.
It provides mechanisms for oversight, transparency, and redressal, preventing abuse of power and ensuring public trust in governmental institutions.
Safeguarding Individual Rights:
With the increasing involvement of administrative agencies in citizens' lives, there's a growing need to protect individual rights from arbitrary or unfair administrative decisions.
Administrative law establishes procedural safeguards, ensures due process, and provides avenues for recourse against administrative abuses, safeguarding individual liberties.
Adapting to Changing Socioeconomic Realities:
Rapid socioeconomic changes demand flexible and responsive governance mechanisms.
Administrative law evolves to address emerging issues such as technological advancements, environmental concerns, and global challenges, ensuring that governmental actions remain relevant and effective in addressing contemporary challenges.
Promoting Efficiency and Effectiveness:
Administrative law seeks to enhance the efficiency and effectiveness of governmental operations.
By establishing clear rules and procedures, administrative law minimizes bureaucratic inefficiencies, streamlines decision-making processes, and promotes better service
There are 3 organs such as Executive, Legislative and Judiciary. If they play their role without any interpretation then it may call seperation of Power.
Red, green and amber light theories of administrative lawPlutus IAS
The red light theory sees judicial control over administration as a weapon of sound administration while the green light theory perceives such control as an intervention or obstacle to the administrative process.
Essay Questions Exam #1 Due Sunday Oct 19th @ 10pm Emmanuel .docxbridgelandying
Essay Questions Exam #1
Due Sunday Oct 19th @ 10pm
Emmanuel
1. What are the differences between domestic law and international law? What are the sources for international law?
Domestic law is enforced by legit government. Codified by a legitimate government. Domestic law is dominated by dominated by culture. No true international law
International law – 1) a nation can consent to be bound by international law (agree to a treaty)
2)a convention (comes out of the UN) UN has to be signed by each country- international contract. 3) also consent by custom & practices.
2. What is "enfranchisement"? Discuss the amendments in the US Constitution that applies to
Enfranchisement- to admit to the privileges of a citizen and especially to the right of suffrage
Amendments
· 15th – blacks
· 19th –deals with women rights
· 23th –Washington D.C. can vote
· 24th – abolish property tax vote
· 26th – Lower voting age to 18 years
David Lopez
3. What is “ethics”? What is “morality”? What are the differences between ethics, morality and the law? Briefly discuss legal obligations, professional obligations and organizational obligations.
As mentioned in chapter 5, at the most basic level, ethics constitutes right or wrong behavior. It is a branch of philosophy focusing on morality and the way moral principles are derived and implemented. Ethics has to do with the fairness, justness, rightness, or wrongness of an action. Morals are influenced by culture or society, however they are principal’s set individually by person to person. Business ethics and business law are closely intertwined because ultimately the law rests on social beliefs about right and wrong behavior in the business world.
4. What is "pleadings"? Discuss the contents of a complaint.
The complaint and answer, taken together, are known as the pleadings.
-The facts showing that the court has subject- matter and personal jurisdiction
-The facts establishing the plaintiff’s basis for relief,
-The remedy the plaintiff is seeking.
5. Discuss at least four reasons why the court will apply equitable remedies. Note:UMIRU
Equitable remedies include specific performance, an injunction, and rescission. Specific performance involves ordering a party to perform an agreement as promised. An injunction is an order to a party to cease engaging in a specific activity or to undo some wrong or injury. Rescission is the cancellation of a contractual obligation.Todays courts will not grant equitable remedies unless the remedy at law (monetary damages )is inadequate.
6. Briefly discuss the major publication, practices and invention that had an influence on the US Constitution.
Ideas from many people and several existing documents, including the Articles of Confederation and Declaration of Independence had major influences on the publication for the constitution.
7. What is evidence law? What criteria must be met for evidence to be admissible.
The law of evidence provides principle ...
ACC560 Week 3 Homework:
Chapter 4: Activity-Based Costing
Constitutional Law
National Power and Federalism
~ Sixth Edition
~ Christopher N. May and Allan Ides
Judicial Review
§I. I INTRODUCTION AND OVERVIEW
In the constitutional law course, we study the United States Constitution as it
has been interpreted and explained by the federal courts for more than 2 0 0
years. The Constitution itself is an amazingly short document. Stripped of its
amendments, the Constitution occupies fewer than a dozen pages in your
casebook. Even with its amendments, the document is barely 20 pages long.
Yet while the Constitution itself is extremely brief, the interpretation of it
can be exceedingly complex. The bulk of your constitutional law textbook
consists of cases in which a court-usually the U.S. Supreme Court-has
been asked to decide whether certain government decisions or practices
are invalid because they violate the requirements of the Constitution . This
process by which courts rule on the constitutionality of actions taken by
federal and state officials is known as judicial review.
Judicial review is the fountain of constitutional law. This is true for
several reasons. First, the process of judicial review has created the body
of reported decisions that we think of as the law of the Constitution. When we
wish to know whether or not the Constitution allows a particular govern-
mental practice, we usually look first to previous court decisions that have
interpreted the constitutional provisions in question. Without this steadily
accumulating body of case law, we would have little definitive guidance as
to the meaning of the Constitution.
Second, it is the process of judicial review that renders the Constitu tion
binding and enforceable as law. In the absence of judicial review, the Con-
stitution would be little more than a statement of normative principles and
I . judicial Review
ideals-similar to the Golden Rule or to the Universal Declaration of 2
Rights . Public officials w ould fmd it much easier to ignore the Cons ·
and statutes that were contrary to the Constitution might still be en:
Judicial review serves as a mechanism by which public officials m ay be -
pelled to perform their duties in accordance with the Constitution.
This chapter examines the doctrine of judicial review as it was r ~
oped by the Supreme Court in the early nineteenth century. In revie,•i.:::: -3
debate surrounding the legitimacy of this doctrine, we will see that:!l __ .
in the Constitution's text specifically authorizes the federal courts to ?"
the validity of actions taken by the other branches of the federal goye....~
or by the states. Yet the historical backdrop against which judicial ~e-.-,::
emerged makes clear that the doctrine is fully consistent with th e Fmc::
conception of a balanced democracy in which abuses of p ow er ·-·-
branch may be checked or prevented by actions of the coordinate bra.:::.
Detailed Analysis of Artcile 13 with relevant case laws and study of pre and post constitutional laws with reference to Doctrine of Eclipse and Severability. Doctrine of Waiver. Amenability of the Fundamental Rights.
Meaning of Constitution with reference to the meaning of Indian Constitution along with definitions and aspects. Analysis of the Preamble and Discussion of Basic Structure Doctrine. Significance, features and sources of Indian Constitution. Types of Constitution all of the world.
Introduction to hypothesis, definitions, source, importance, features and types. Detailed description of types of Hypothesis with explanations.
Use of hypothesis in research and important points to notice while selecting types of hypothesis.
Administrative relations between center and state from Article 256-263 during general ties, and from Article 352-360 during emergency and other provisions reflecting center state relations and predominance of Union government in India.
Responsibilities of the office bearers while registering multi-state cooperat...Finlaw Consultancy Pvt Ltd
Introduction-
The process of register multi-state cooperative society in India is governed by the Multi-State Co-operative Societies Act, 2002. This process requires the office bearers to undertake several crucial responsibilities to ensure compliance with legal and regulatory frameworks. The key office bearers typically include the President, Secretary, and Treasurer, along with other elected members of the managing committee. Their responsibilities encompass administrative, legal, and financial duties essential for the successful registration and operation of the society.
Lifting the Corporate Veil. Power Point Presentationseri bangash
"Lifting the Corporate Veil" is a legal concept that refers to the judicial act of disregarding the separate legal personality of a corporation or limited liability company (LLC). Normally, a corporation is considered a legal entity separate from its shareholders or members, meaning that the personal assets of shareholders or members are protected from the liabilities of the corporation. However, there are certain situations where courts may decide to "pierce" or "lift" the corporate veil, holding shareholders or members personally liable for the debts or actions of the corporation.
Here are some common scenarios in which courts might lift the corporate veil:
Fraud or Illegality: If shareholders or members use the corporate structure to perpetrate fraud, evade legal obligations, or engage in illegal activities, courts may disregard the corporate entity and hold those individuals personally liable.
Undercapitalization: If a corporation is formed with insufficient capital to conduct its intended business and meet its foreseeable liabilities, and this lack of capitalization results in harm to creditors or other parties, courts may lift the corporate veil to hold shareholders or members liable.
Failure to Observe Corporate Formalities: Corporations and LLCs are required to observe certain formalities, such as holding regular meetings, maintaining separate financial records, and avoiding commingling of personal and corporate assets. If these formalities are not observed and the corporate structure is used as a mere façade, courts may disregard the corporate entity.
Alter Ego: If there is such a unity of interest and ownership between the corporation and its shareholders or members that the separate personalities of the corporation and the individuals no longer exist, courts may treat the corporation as the alter ego of its owners and hold them personally liable.
Group Enterprises: In some cases, where multiple corporations are closely related or form part of a single economic unit, courts may pierce the corporate veil to achieve equity, particularly if one corporation's actions harm creditors or other stakeholders and the corporate structure is being used to shield culpable parties from liability.
In 2020, the Ministry of Home Affairs established a committee led by Prof. (Dr.) Ranbir Singh, former Vice Chancellor of National Law University (NLU), Delhi. This committee was tasked with reviewing the three codes of criminal law. The primary objective of the committee was to propose comprehensive reforms to the country’s criminal laws in a manner that is both principled and effective.
The committee’s focus was on ensuring the safety and security of individuals, communities, and the nation as a whole. Throughout its deliberations, the committee aimed to uphold constitutional values such as justice, dignity, and the intrinsic value of each individual. Their goal was to recommend amendments to the criminal laws that align with these values and priorities.
Subsequently, in February, the committee successfully submitted its recommendations regarding amendments to the criminal law. These recommendations are intended to serve as a foundation for enhancing the current legal framework, promoting safety and security, and upholding the constitutional principles of justice, dignity, and the inherent worth of every individual.
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Synopsis On Annual General Meeting/Extra Ordinary General Meeting With Ordinary And Special Businesses And Ordinary And Special Resolutions with Companies (Postal Ballot) Regulations, 2018
2. TOPICS COVERED:
• Definitions
• Meaning
• Objects
• Nature
• Functions
• Sources
• Theories
• Need for Its Evolution
• History and Growth of Administrative Law in United Kingdom, United
States, France and India
3. DEFINITIONS:
1. IVOR JENNINGS: it is the law relating to administration. It determines the organization, powers and duties of the
administrative authorities.
CRITISISM: It is too wide definition and does not give clarity as to the powers, procedures and limitation of the
executives. Also, it is too vague to differentiates between constitutional law and administrative law.
2. WADE: It is the law relating to the control of government power.
CRITISISM: It touches the heart (object) of the subject but does not define it. Also, does not deal with the power,
duties, procedure, limitations, control on these powers and the remedies available to the individuals in case of breach.
3. K.C DAVIS: (American approach): It is the law concerning the powers and procedures of the administrative
agencies and it is the law governing the judicial review of the administrative action. According to him, Administrative
agency is a government authority other than a court and legislature which affects the rights of private parties, either
through administrative adjudication or rule making.
CRITISISM: It talks about judicial control only i.e. judicial review. He missed to include non adjudicative and non
legislative functions of the administrative agency.
4. GARNER: those rules which are recognized by the courts as law and which relate to and regulate administration of
the government is known as administrative law.
CRITISISM: It is concerned about the sources and that too, only one out of many.
5. GRIFFITH & SMITH: It is the law concerning: the powers, limits of the administrative bodies and the includes
the provision as to how to contain them in limits. CRITISISM: the definition is silent on procedure to be carried out
by these bodies and the remedies available to the individuals.
4. MEANING, SOURCES, OBJECT, NATURE AND FUNCTIONS:
1. Administrative law : a public law (as it deals with the relation of state and individuals)
: a branch of constitutional law (as the executive organs derives it power, limits and control from it)
: deals with power, duties, procedures, limits of the administrative bodies and the control on them.
: to check their functions and state the remedies available to the person in case of any breach of rights.
2. Sources : it consists of norms, rules developed by the judiciary to prevent abuse of power such as- judicial review,
principles of natural justice, rule of law, separation of power doctrine, case laws.
: constitutional provisions
: provisions in the Parent Act to regulate their activities.
3. Object : control on power of administrative authorities.
: protect individual rights.
4. Nature : considered as a NECESSARY EVIL as, more powers are given to the executives and there is likeliness
of abuse. In today's world, he is a protector, provider, entrepreneur, regulator and arbiter.
5. Functions: : adjudication
: delegated legislation
: implementation of laws (even in the absence of any statutory back up) and policies.
5. NEED FOR EXPANDED ADMINISTRATIVE FUNCTIONS AND RELAtED THEORIES:
NEED:
• LAISSEZ-FAIRE to WELFARE STATE
• need for adjudicative functions as petty cases can be easily disposed through tribunals due to slow, costly, complex procedure
and overburdened judiciary.
• rules are required at random sometimes and it is easy to make rules on trial and test basis as there is time constraint and
lengthy procedure of the legislature.
• ease in taking preventive measures e.g. grant of license and ease in taking enforcement steps like suspension and cancellation
of license.
THEORIES:
1. RED LIGHT THEORY: Assumption- Power corrupts and absolute power corrupts absolutely. therefore, there should be
control (judicial control) on Administrative powers to protect private rights, otherwise it will lead to state absolutism.
2. GREEN LIGHT THEORY: puts emphasis on the political process and suggest for direct and internal control of the
administrative agencies. E.g. decentralization of powers, freedom of information to individuals.
In between, exists the AMBER LIGHT THEORY.
6. HISTORY AND GROWTH OF ADMINISTRATIVE LAW - UK
• In 1885, DICEY rejected this concept by saying that-'' we know nothing about Administrative law and we wish to know
nothing about it”.
• He observed that there was no administrative law in England but by saying so, he ignored the existence of administrative
discretion of Executive authorities and the Administration of justice by the Tribunals which were already in existence in
England. Also, such powers cannot be called into question by ordinary courts. further, he believed that such principles cannot
be befitted as it violates the RULE OF LAW principle and also abridges SEPERATION OF POWER doctrine.
• His ROL principle included- Supremacy of law (made by Parliament- Parliamentary Supremacy), equality before law and
Supremacy of Ordinary Courts( Predominance of legal spirit)
• He gave reasons : 1) it will be rule of men and not rule of law. 2) law should be made in ordinary legal manner and not by
executives 3) it should be applied by ordinary courts and not through tribunals or executives as the dispute between individual
and state will be headed and decided by executives only. 3) This way, supremacy of the parliament will be undermined 4) and
concentration of that much power in the hands of the executives will lead to corruption. 5) Rights of people must flow from
the customs and traditions recognized by courts (common law)
• In 1887, his contemporary MAITLAND recognized it and said that such powers are committed to them by statutes.
• In 1914, Dicey changed his views-'Laws and the Constitution' book in 1915. He recognized that due to increase of duties and
authority of English officials, some elements of Droit has entered into the law of England. But even then he was not that sure.
After two decisions of HOL in Board of Education v Rise and Local Government v Arlidge, he published Article
'Development of Administrative law in England' and observed that legislation has conferred considerable amount of quasi-
judicial authority on the administration. In his words, this is a considerable step towards the introduction of administrative law
in England.
7. CONTD.
• According to Friedman, he misunderstood the concept as inconsistent with ROL.
• According to Griffith & Smith, he had conservative approach.
• In 1929, Gordon Herwart published a book titled 'New Despotism' criticising Administrative law.
• And after that-Dolomer Committee or Committee on Minister's power headed by Lord Donoughmore (appointed by British
government) was set up to examine the problems of Delegated legislation, delegation of quasi-judicial powers and to suggest
effective steps and suitable safeguards to ensure supremacy of ROL.
• In 1932, committee detected 3 problems: doctrine of sovereign immunity, absence of procedure of delegation and no
description as to what cases should be assigned to the Executives.
• It suggested 2 recommendations: better publication and control of sub-ordinate legislation.
• For this, these acts were Acts were passed : CROWNS PROCEEDINGS ACT 1947 (no sovereign immunity), STATUTORY
INSTRUMENTS ACT 1946, TRIBUNALS & ENQUIRY ACT 1958. Through this, sovereign immunity was restricted,
procedures and subjects of delegation were allotted and such decisions were made amenable to regular courts.
• Crichel Down Affair- British Political Scandal of 1952 were Churchill gave promise to the landowners while taking there
land that he will return it when the war will be over but did not honoured his promise.
• Ridge v Baldwin 1964 AC 40 - we do not have a developed system of administrative law perhaps because until fairly
recently we don't need it.
• Breen v Amalgamated Engg. Union 1971 QB -It may be truly said that we have now a developed system of administrative
law- Lord Denning.
• In India, we have adopted Westminster model but here we don't have separate legislation. in England, the acts of the
executive is questionable if it violates the statute but here the Constitution is supreme and administrative action is amenable
to the court's control if it violates Parent Act, Constitution and principles of Natural Justice.
8. USA
• They earlier opposed Administrative law as it was in contrast with the strict Separation of power principle. however, they had
written Constitution unlike England therefore they didn't faced much problem.
• Administrative law developed in 18th C in USA
• 1st Federal Administrative law in 1789,Interstate Commerce Act 1877
• 1933- Special Committee, 1938- Roscoe pound Committee and 1939- Attorney General Committee. these committees passed
Administrative Procedure Ac 1946.
9. FRANCE
• Concept of Administrative law originated from the concept of DROT ADMINISTRATIF. It was the branch of law which
dealt with powers and duties of various administrative agencies and officials.
• Tribunal system and Civil law system is said to be developed by Napoleon.
• According to Dicey, there was no ROL in France as individual is not at equal footing when dealing with the state and the
officials were free from the jurisdiction of ordinary court as they were dealt by Counsel De etat (Tribunal)
• But in actual, counel de etat provided more protection to aggrieved parties than regular court, they were separate court set up
to solve the dispute between state and individuals. And, Dicey confused discretionary powers as arbitrary powers and the
perception that they are above law is erroneous because there was no sovereign immunity to them.
• BARREL CASE- Minister in charge did not permitted few candidates to appear in the Civil Services exam. It was reported in
newspaper that they were communists and that's why deliberately denied. Counsel de etat quashed such order.
• FORTUNE CASE- Candidate was denied to appear in exam as confidential file had adverse remark. Counsel de etat quashed
such order.
10. INDIA
• Dharma was followed earlier which was broader than ROL and due process.
• Delegated legislation was followed in the British era e.g. Indian Explosive Act 1884 to grant and regulate licenses.
• After Independence, in the infant phase, laissez faire principle was adopted and the role of state was minimal to regulation of
law & order, protection against foreign aggression and adjudicating disputes. This caused hardships to the population who
could hardly fight for their rights such as old people, children, weaker sections etc. The rise of democratic principles called for
the idea of Welfare State. UDHR after 2 World wars also recognised this notion. This led to increased responsibility of the
state but overburden, lack of manpower, time taking legislature and judiciary was incapable to handle, therefore it was handed
over to the executive body.
• Several Acts provided some powers to the executives to make laws such as Factories Act 1948, Essentials Commodities Act,
1955.
• Constitution was there to supervise and limit their actions. This was it has emerged in India.
• Ram Jawaya Kapur v state of Punjab 1955- it was held that executives can frame policies and rules provided it does not
violate the constitution.
• P Sampat kumar and L Chandra Kumar case- Tribunal's decision was the highest appeal. the only remedy available was
through Article 136. This was challenged after 10 years and declared unconstitutional.
• Checks in India- Parliamentary Control, Judicial Control and Other Controls. Apart from that there are several other
provisions checking the arbitrary executive actions- CVC, Ombudsman, RTI, Article 299,300, Promissory Estoppel, Lokpal
etc.
11. Conclusion:
Administrative Law in India is based on judicial interpretation and it can be said that in absence of any
specific enactment it has become a blessing in disguise because the Supreme Court has included principle
of natural justice reasons equity good conscience principles of constitutional law within the ambit of
constitutional law.
Thankyou