In this article, what is administrative law under administrative law, its definition, nature and scope | Define the Administrative Law and give its scope has been explained, if you are a lawyer, law student or preparing for judicial competitive examination, then it is very important for you to know about Administrative Law –

Administrative Law

Ever since the emergence of welfare states, the functions of states have increased tremendously. The states have taken into their hands all the work related to general public and public welfare. The result was that the administration became extremely powerful and the possibility of it becoming autocratic became strong.

Administrative law emerged to eliminate these possibilities. It determines the organization, powers, functions, rights and responsibilities of various organs of administration, that is why it is called the branch of public law.

Definition of administrative law

Various jurists and jurists have given many definitions of administrative law in their own ways. In fact, since this law is a law developed through judicial decisions, no universal definition has been given till date.

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According to Jennings – Administrative law is the law related to administration. It determines the organization, powers and duties of administrative authorities. (The Law and the constitution) This definition of Jennings represents the viewpoint of England and has been accepted by many scholars.

According to Davis – Administrative law is a law which deals with the powers and procedures of administrative agencies. Administrative agency is a part of the government which is different from the court and legislature and which affects the rights of individuals through adjudication or rule making powers.

Administrative law includes constitutional law, common law and law made by agencies. Most of it has developed in the process of interpretation of the Constitution and the Statutes by the courts. (Handbook of Administrative Law) This definition of Davis represents the American point of view.

According to Dicey – Administrative law is that part of the law of any state which formulates the legal status and responsibilities of all the authorities of the state, the rights and responsibilities of the common people towards the officers of the state and the administrative process by which they Rights and responsibilities are enforced. (Law of the constitution)

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According to Professor Hart – Administrative law includes the laws made by administrative authorities and the methods to control those authorities.

Professor Wade – This method is related to the functions and control of administrative officers and gives more emphasis on their functions rather than their organization. (Administrative Law).

It is clear from all the above definitions that administrative law is a branch of public law which is related to the organization, powers, functions, rights and responsibilities of various organs of government. It controls the illegal and inappropriate actions of the administration. In essence it can be said that this law discusses the rights of various organs of administration and their organization.

Nature of administrative law

Its nature becomes clear from the definitions of administrative law. It is reflected from the definitions that –

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(i) Administrative law is the law related to the control of powers of governance and administration,

(ii) It is a law ensuring the organization of governance and administration, their rights, powers, functions and responsibilities,

(iii) It is a law made by the courts, and

(iv) This is a law that establishes control over administrative work. The aim of which is to establish harmony between the rule of law and administrative discretion.

Due to its nature it is called the science of power of administrative authorities. This can be studied under three headings –

(a) relationship,

(b) judicial,

(c) Executive.

Describing the nature of administrative law, Professor Davis has said that administrative law is related to administrative powers, procedures and the method of judicial review. It does not refer to all the substantial laws which are adopted by administrative agencies.

Administrative law has been limited to only those functions of the authorities which are related to their law making or adjudication powers. It also includes judicial review of executive or administrative actions.

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Professor Freund’s thoughts in the context of nature are also worth citing. According to Freund, “The main problems of administrative law are related to all those laws which determine the qualities of officers, their functions, procedural requirements for the proper use of their powers, appropriate relief for judicial control over administrative functions and the jurisdiction of administrative power and Are related to the questions of its implementation.

It is noteworthy here that the prescribed rights of a person cannot be taken away through administrative orders. (Administrative order cannot take away vested rights.) (Union of India vs. Asian Food Industries, AIR 2007 SC 250)

Thus, administrative law deals with the nature of powers of administration and the method of exercising these powers.

According to Professor Griffith, administrative law examines that –

(i) What powers does the administration exercise?

(ii) What procedure is followed by the administration in the exercise of these powers,

(iii) What are the limitations of the powers of administration, and

(iv) What remedies are available against the illegal and unfair actions of the administration?

According to the nature of administrative law, its aim is –

(a) To prevent the exercise of administrative powers from going against public interest,

(b) To prevent misuse of administrative powers and ensure their use in accordance with the rule of law,

(c) Getting administrative disputes settled by Administrative Tribunals,

(d) To provide protection to civil rights and interests,

(e) To make administrative officers accountable to the public,

(f) Providing proper treatment to citizens, etc.

Chairman and Managing Director, United Commercial Bank vs. P.C. The same has been said by the Supreme Court in the case of Kakkar (A.I.R. 2003 SC 1571) that judicial review by administrative tribunals is necessary to overcome the deficiencies in the policy making process of administrative officers. The powers of can be used.

‘A. Shanmugam vs A. Of. R. VMNP Sangam’ (A.I.R. 2012) S.C. 2010) it has been held by the Supreme Court that – The main objective of administrative and judicial proceedings is to discover the truth and do justice to the parties. (Object of administrative and judicial proceedings is to discern truth and do justice.)

It is noteworthy here that administrative decisions are assumed to be fair. These are not interfered with by the court unless they are mala fide or irrelevant. (All Assam Modern Chakki Mill Association vs. State of Assam, AIR 2017, NOC 589 Guwahati)

Scope of ​​administrative law

Professor Wade’s views regarding the scope of administrative law are worth quoting here. According to him, “The organization of public authorities, their working style, their administrative and judicial powers and the judicial control of those authorities is the scope of administrative law of England. “

The same applies to India in the field of administrative law. In view of the increasing powers of administrative officers in India, it is necessary to establish control over them so that they do not become autocratic or dictatorial. This is the reason why administrative functions have been kept under judicial control.

The following things are included in the scope of administrative law –

(i) In this, various administrative bodies are studied, like- Central, Revenue Board, Tariff Commission, Inquiry Commission, Advisory Board, Wage Board, etc.

(ii) In this, the judicial functions of administrative agencies are also studied, like Industrial Tribunal, Income Tax Reconsideration Tribunal etc.

(iii) Ability of administrative agencies to make laws, delegate powers, provide remedies through judicial control in case of misuse of powers, etc.

(iv) Study of various types of writs issued when administrative powers are misused, such as habeas corpus, mandamus, prohibition, certiorari, quo warranto, etc.

(v) Guarantee to ensure compliance with the principles of natural justice.

(vi) Contractual and tort-related liability of the Central and State Governments committed by their authorities,

(vii) Public corporation etc.

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