This article is written by Jyoti Yadav of Army Institute Of Law Of 8th Semester, an intern under Legal Vidhiya
INTRODUCTION
Administrative law is an area of law that deals with many issues related to the administration of decisions. Administrative law in India is the body of laws governing the administration of justice in civil, criminal and administrative matters in India. Before we begin, let’s take a quick look at what administrative law is.
BACKGROUND
Administrative law in India often dates back to ancient times, under the rule of the Mauryans, which is why the Gupta dynasties of ancient India had a centralized administrative system. Next came the Mughals, who had a somewhat similar administrative system. Ancient kings were mainly interested in three things:
- State protection against external aggression[1]
- Maintenance of law, order and peace
- Collection of taxes.
The principle of “Dharma” was followed by kings and administrators and no one asked him to release him. Kings and officers adhered to the fundamental principle of natural justice and fair play, as administration could only be conducted on principles acceptable to the Dharma, which was an even broader term than “rule of law” or “due process”. However, there was no law as we understand it today.[2]
With the arrival of the British in India, a new law appears. The formation of the Malay Archipelago Company expanded the diverse powers of government. The UK Parliament has introduced several bills, bills and statutes to regulate public safety, health, morals, transport and industrial relations.[3]
MEANING OF ADMINISTRATIVE LAW
Administrative law is an area of law that deals with the powers, duties and obligations of various government bodies. There is no single definition of “administrative law” as it has different meanings for different theorists, some of it are mentioned as under:
- KC DAVIS
According to him administrative law is the law relating to the powers and procedures of administrative bodies, particularly the right to judicial review of administrative acts. Administrative law is the area of law that governs the relationship between the private sector and the state executive when it acts as an administrative body.
- Ivor Jennings
He has defined administrative law as the law of administration. It defines the organisation, powers and responsibilities of the administrative bodies.
- PROFESSOR H.W.R. WADE
He has defined administrative law as a law which governmental powers.
- GARNER
He defined administrative law as the rules which a court recognizes as equivalent to law and which are concerned with the government’s administration.
- GRIFFITH AND STREET
According to him the prominent aim of the administrative law is to operate and control the administrative authorities.
NATURE AND SCOPE OF ADMINISTRATIVE LAW
The executive that exercises its function need not be entirely administrative, quasi-judicial, quasi-legislative. Many tasks fall within the scope of administrative tasks. An act that is neither legislative nor judicial in character is an administrative act. An administrative act can be final or not final. If these measures are contrary to the principles of natural law or violate the rights of citizens, the courts can set aside these measures.[4]
Our judicial system is already overloaded with many cases pending in court. It is therefore not possible for the judiciary to solve the problems of the administration at the same time. For this reason, quasi-judicial and quasi-legislative bodies have the power to reduce the existing burden on the judiciary. In emergency situations like war, administrative action is the best possible remedy because the executive has the power to deal with the situation.[5]
Administrative authorities have some powers which they leverage for the benefit of citizens and they leverage these powers in various administrative activities. Administrative actions should comply with the basic principles of fairness because if it goes against that then such an action is amenable to judicial review.[6]
Administrative law mainly deals with the powers and responsibilities of administrative bodies and with the various legal remedies available to subjects. In the welfare state there is an enormous increase in state activities due to technological and scientific developments. As Roland says, “Before the cars came, there was no need for a policeman to direct traffic because there was no traffic!”[7] As the state became more active, so did the need to exercise power: administrative and executive powers were expanded, as was delegated legislation in the form of ordinances, ordinances, decrees, etc. Judicial functions were performed by administrative courts to resolve disputes.[8]
Lord Dennings rightly observed that the administrative authorities have discretionary powers. When used correctly, there will be social status and when abused, a totalitarian state emerges.
Administrative law therefore defines and limits these powers and provides remedies for the parties concerned in the event of abuse. This exercise of considerable powers is the main reason for the development of administrative law.[9]
The tendency is to reconcile human freedom and justice with the need to implement social and economic policies. In this sense, liberty and personal liberty must be protected by the Indian Constitution. Basic principles of administrative law are the judicial control of administrative acts, the prevention of misuse or abuse of power and the provisions on appropriate legal remedies.
Following Bernard Schwartz, it can be stated that “the purpose of administrative law is to ensure that the individual and the state are placed on the same level in front of the barrier”.[10]
DEVELOPMENT OF ADMINISTRATIVE LAW
- There is a radical change in the philosophy of the role of the state. The negative politics of maintaining public order and social welfare are changing. The state has not limited its sphere of action to the traditional and minimal functions of defense and justice, but has pursued positive policies and adopted various functions to fulfill the functions of the welfare state.[11]
- The judicial system has proved insufficient to adjudicate and resolve disputes of all kinds. It was slow, expensive, cumbersome, complicated and formal. It was already overloaded, and even very important cases could not be solved quickly. Important matters could not be decided solely by interpreting legal provisions, but required consideration of various other factors that the ordinary courts could not. Therefore, labor tribunals and labor tribunals have been set up that have the techniques and expertise to resolve these complex issues. [12]
- The legislative process was also inadequate. There was neither time nor technique to work out all the details. It was unable to establish detailed rules and procedures, and even when detailed rules were enacted by the legislature, they were considered flawed and inadequate. Therefore, it was necessary to delegate certain powers to the administrative authorities. [13]
- There is room for experimentation in the management system. There is no need to maintain a statutory provision until the beginning of the next legislature. Here you can create a rule, try it for a while and quickly change or edit it if it doesn’t work. Legislation is therefore inherently rigid, while the administrative process is flexible. [14]
- Administrators can avoid technical details. Administrative law is not a theoretical and legislative approach, but a functional one. The traditional justice system is technical, rigid and conservative. Without formalities and paperwork, courts are unable to decide cases. Administrative courts are not bound by rules of evidence and procedure and can approach the case proactively to resolve complex issues. [15]
- Administrative authorities have the ability to act preventively. Unlike normal courts, they do not have to wait for parties with disputes to come before them. In many cases, such preventive measures can be more effective and beneficial than punishing the person after breaking the law. As Freeman states: The inspection and grading of meat meets the needs of the consumer better than the right to sue the retailer after the consumer has been harmed. -Administrative authorities can take effective measures to enforce the above preventive measures, such as: suspension, revocation and revocation of permits, destruction of contaminated items, etc., which are not usually available in ordinary courts.[16]
LANDMARK JUDGMENTS
- Air India v. Nargesh Meerza[17]
A regulation drafted by Air India laid down the conditions under which a stewardess would be dismissed from duty in the event of pregnancy. Subsequently, it was assumed that there was a violation of Article in this case. It was determined that such a law would be unconstitutional and therefore arbitrary.
- DS Nakara v. Union of India[18]
The Supreme Court ruled that there is a discriminatory policy based on a fixed end date for the pension scheme for civil servants retiring before a certain date. Such a decision was perceived as arbitrary, discriminatory and extreme.
- DTC v. Mazdoor Congress[19]
Notices of termination giving the right to terminate the employment relationship with a permanent employee with three months’ notice would be ultra vires and shall be considered null and void.
- Labh Chandra v. State of Bihar[20]
In this case, the requirements for the Jain temple were as follows: he was 21 years old donated at least Rs. 500 or more Lived in the country for 10 years. The hon’ble High Court ruled that the prevailing rules of the Jain temple were arbitrary and discriminatory. It was therefore the violation of Article 14 of the Constitution.
- Narendra Kumar v. State of Uttar Pradesh[21]
In this case, the power to regulate was challenged. Instead of issuing many regulations when the Parliament is not in session, it is better to take the time and pass a law or legal act that is binding on everyone. This was done so that there would be no abuse of power in the hands of the rulers.
CONCLUSION
Therefore, the term “administrative law” is not a new term. Traces of administrative law can be observed in almost every legal system in the world. In India, from the Mauryans to the Guptas, from the Guptas to the Mughals, from the Mughals to the East India Company: through all these periods, administrative law has been one of the most prosperous areas of law. Administrative law was arguably the most notable achievement of the 20th century. The development of administrative law goes hand in hand with the development of society. More specifically, administrative law is a sociology of law and not a philosophy of law.[22]
[1] Shambhavi Goswami, Historical Development of Administrative Law in India, The Times of India(13/04/2021), available at https://timesofindia.indiatimes.com/readersblog/shambhavi/historical-development-of-administrative-law-in-india-31054/, last seen on 23/04/2023.
[2] Ibid.
[3] Ibid.
[4] Nikhil Jain, Administrative Actions: Meaning, Nature, Scope and Significance, Law Bhoomi (02/05/2021), available at https://lawbhoomi.com/administrative-actions-meaning-nature-scope-and-significance/, last seen on 24/04/2023.
[5] Ibid.
[6] Ibid.
[7] Ibid.
[8] Sonali Chauhan, General Facts to know about Administrative Law, iPleaders (09/10/2019) available at https://blog.ipleaders.in/general-facts-to-know-about-administrative-law/#Nature_and_Scope, last seen on 24/04/2023.
[9] Ibid.
[10] Ibid.
[11] Ibid.
[12] Ibid.
[13] Ibid.
[14] Ibid.
[15] Ibid.
[16] Ibid.
[17] Air India v. Nargesh Meerza, (1981) 4 SCC 335.
[18] DS Nakara v. Union of India, (1983) 1 SCC 305.
[19] DTC v. Mazdoor Congress, 1991 Supp (1) SCC 600.
[20] Labh Chandra v. State of Bihar, AIR 1969 Pat 209.
[21] Narendra Kumar v. State of Uttar Pradesh, AIR 2016 SCC OnLine All 1839.
[22] Chitwan Sethi, Administrative Law: Meaning and Development, Legal Service India, available at https://www.legalservicesindia.com/article/643/Administrative-law.html, last seen on 24/04/2023.
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