Administrative Law

Introduction:

Administrative law as a separate branch of legal discipline especially in India came to be recognized by the middle of 20^th century.

Administrative law becomes dharma which conduces to the stability and growth of the society and the maintenance of a just social order and welfare of mankind by reconciling power with liberty.

The administrative law seeks to channelize administrative powers to achieve the basic aim of any civilized society i.e., growth with liberty. Administrative law has a tremendous social function to perform.

The four basic bricks of an administrative law may be identified as:

1. To check abuse of administrative power

2. To ensure to citizens an impartial determination of their dispute by officials

3.to protect them from unauthorized encroachment of their rights and interests

4.to make those who exercise public power accountable to the people

 

Definition and scope of administrative law:

It is not possible to give any precise definition of administrative law covering the entire range of administrative process.

According to Dr.F.J.Port, “administrative law is made up of all legal rules –either formally expressed by statutes or implied in the prerogative –which have as their ultimate object the fulfillment of public law.”

Administrative law besides touching all branches of government, touches administrative and quasi-administrative agencies i.e., corporations, commissions universities and sometimes even private organizations.

Early English writers did not differentiate between constitutional and administrative law and therefore the definition they attempted was more broad and general.

Sir Ivor Jennings defines administrative law as the law relating to administration. it determines the organization, powers and the duties of administrative authorities. This formulation does not differentiate between administrative and constitutional law.

Dicey like Jennings belongs to that group of English writers who did not recognize the independent existence of administrative law. According to Dicey’s formulation the administrative law belongs to that portion of a nation’s legal system which determines the legal status and liabilities of all state officials; secondly, defines the rights and liabilities of private individuals in their dealings with public officials; and thirdly, specifies the procedure by which those rights and liabilities are enforced.

This definition excludes every other aspect of administrative law.

However, for our purposes, administrative law may be defined as that branch of public law which deals with the organization and powers of administrative and quasi-administrative agencies and prescribes principles and rules by which an official action is reached and reviewed in relation to individual liberty and freedom.

Through the analysis of the above definition we may encounter few points about the nature and scope of administrative law: