Nature, Scope and Development of administrative Law_2022-04-23_16-34.pdf

1. Administrative Law
Nature, Scope and Development
of Administrative Law

2. Nature of Administrative Law
• Administrative law is the branch of public law which defines
the relation between individuals and state.
• But it is not a law in a true sense like other laws such as
property law or labor law.
• It is also not like private law which deals with relations of
individual inter se.
• it is a law to administer the administrative authorities and
check them from making any arbitrary decisions.

3. Nature of Administrative Law
• Administrative law deals with the organization, powers and
duties of the administrative authorities and also the
procedure followed by the officials while exercising the
powers.
• Administrative law is limited to the law which limits the
power of administrative authorities while exercising the
powers.
• It also provides remedies in the favor of the public when the
rights of the public encroached.

4. Nature of Administrative Law
• In India, administrative law is almost judge made law.
• Thus it suffers from more facilities and benefits because of
judicial lawmaking.
• Judiciary interprets law according to the need of time and
issues guidelines for such.
• It affects administrative law and makes it more strong and
beneficial.
• It is a branch of the constitution that regulates all three
branches i.e. legislative, executive and judiciary in the same
way administrative regulates all administrative authorities
and protects them from corrupt practices.

5. Nature of Administrative Law
• Its main purpose is to focus on the judicial review of administrative
actions.
• In this way, there is protection from the arbitrary actions of the
administrative actions.
• Administrative actions can be legislative, executive or judiciary.
Administrative can do all of three actions when which is required to
do so.
• By delegated legislation administrative has the power to make law
when it comes to implementation of administrative acts as an
executive and when it comes to making quick decisions then the
administrative can act as the judiciary.
• The nature of administrative law changes according to the need.

6. Scope of Administrative Law
• Administrative Law as a law is limited to concerning powers and procedures of
administrative agencies.
• It is limited to the powers of adjudication or rule-making power of the
authorities.
• Thus, it is limited to:
• Establishment, organization and powers of various administrative bodies
• Delegated legislation - the Rule-making power of the authorities
• Judicial functions of administrative agencies such as tribunals
• Remedies available such as Writs, Injunction etc.
• Procedural guarantees such as the application of principles of Natural
Justice
• Government liability in tort
• Public corporations

7. Scope of Administrative Law
• The Administrative Law is a recent branch of the science of law.
• In the political science there are few Administrative organs. Certain
functions have been allotted to these organs in the Administrative
Machinery.
• The Administrative law deals with the structure, functions and
powers of the Administrative organs.
• It also lays down the methods and procedures which are to be
followed by them during the course of remedies which are
available to the persons whose rights and other privileges are
damaged by their operations.
• From the few lines above explaining the meaning of the
Administrative law, we can notice the exact scope of this new
branch of Law

8. Scope of Administrative Law
• The scope of Administrative law can be narrated as under: -
• The methods and procedures of these Administrative
organs are also studied by this new branch of law.
• It covers the nature of structure, powers and functions
of all these administrative organs
• It also makes available all the relevant remedies to the
persons whose rights are infringed by the operations of
these organs during the course of Administration.
• Why and How the Administrative Organs are to be
controlled is also viewed by the Administrative law.

9. Scope of Administrative Law
• In this way along with the development in the Political
Science and along with the idea of federal Administration,
the separate branch of Administrative law has been
developed.
• It is to be clearly noted that this branch of Law is exclusively
restricted to the Administrative organs only.
• The delegated legislations are supposed to be the backbone
of the Administrative law.

10. Reason for growth of Administrative Law
• The following factors are responsible for the rapid growth
and development of administrative law:
• There is a radical change in the philosophy of the role
played by the State. The negative policy of maintaining "law
and order" and of "laissez faire" has radically changed.
• The State has not confined its scope to the traditional and
minimum functions of defence and administration of
justice, but has adopted the positive policy and a welfare
State has undertaken to perform varied functions,
• The judicial system was proved to be inadequate to decide
and settle all types of disputes. It was slow, costly, inept,
complex and formalistic.

11. Reason for growth of Administrative Law
• It was already overburdened, and it was not possible expect
speedy disposal of even very important matters, e.g.,
disputes between employers and employees, lockouts,
strikes, etc.
• The burning problems could not be solved by mere literally
interpreting the provisions of some statute but required
consideration of various other factors and it could not be
done by the ordinary courts of law.
• Therefore, industrial tribunals and labour court were
established which possessed the techniques and expertise to
handle these complex problems.

12. Reason for growth of Administrative Law
• The legislative process was also inadequate.
• It had no time and technique to deal with all the details.
• It was impossible for the legislature to lay down detailed rules
and procedures, and even when detailed provisions were laid
down by the legislature, they were found to be defective and
inadequate, eg, rate fixing.
• Therefore, it was necessary to delegate some powers to the
administrative authorities.
• There is scope for experiments in administrative process.
• Here a rule can be made, tried for some time and if it is
defective, can be altered or modified within a short period.