08,Feb 2024
Administrative law is considered as a subset of law that regulates the activities of government agencies. It encompasses the enforcement of laws, adjudication, and the creation of executive branch rules. It is also measured as a division of public law.
Administrative law pertains to the process of decision-making for administrative entities of government in domains like manufacturing, immigration, international trade, taxation, broadcasting, environmental issues, and transportation.
Evolution of Administrative Law
The state's evolving role has had a significant impact on the development of administrative law. Previously, the state prioritized social welfare and upholding law and order. However, it has changed to a more proactive approach and extended its functions like healthcare, education, and other. However, let’s have a look at the evolution of administrative law in England, U.S.A., and India.
ENGLAND
British jurist Albert Venn Dicey disapproved of administrative law as a whole in 1885. As a result, legal scholars disregarded many statutory discretionary powers granted to the executives and administrative authorities as well as the control exercised over them in order to create a distinct branch of law. Administrative law was not acknowledged as a distinct field of law until the 20th century.
In 1929, the Lord Donoughmore Committee made recommendations for improved subordinate legislation supervision and publication. The 1947 Crown Proceeding Act, which permitted the filing of civil lawsuits against the Crown in the same manner as against any private person, eliminated the notion that a king could do no wrong and broadened the application of administrative law.
The Tribunals and Inquiries Act was enacted in 1958 to provide improved oversight and management of administrative decisions. The United Kingdom's Administrative law was originally recognized in the case of Breen v. Amalgamated Engineering Union [1971] 2 QB 175.
UNITED STATES OF AMERICA
Administrative law was neglected in the United States of America until it developed into the fourth branch of the government. Several legal scholars had already written several volumes on administrative law by that point, including Frank Goodnow and Ernst Freund.
A special committee was established in the year 1933 to investigate the methods of exercising judicial control over administrative institutions. Following that, the Administrative Procedure Act was created in 1946, granting authority for judicial control to oversee administrative proceedings.
INDIA
A centralized administrative system was in place in the ancient India under the Mauryans and the Guptas. The arrival of the British brought certain changes to India's administrative legislation. In British India, laws governing administrative actions were passed.
Following its independence, India decided to transform into a welfare country, which led to an increase in governmental activities. The necessity of "Rule of Law" and "Judicial Review of State actions" grew along with the governments and administrative authorities' roles and authority.
Rules, orders, and regulations issued by administrative authorities were to be deemed ultra-vires, illegal, unconstitutional, and void if it was determined that they exceeded the legislative authority of the authorities.
What are the causes for Growth of Administrative Law?
The field of law known as administrative law focuses on the activities related to administrative agencies, which are government bodies in charge of carrying out laws and regulations. Administrative agencies now play a bigger part in regulating society, and administrative law has risen dramatically in the last few years.
The concept of a welfare state
The States' transition from laissez-faire to a welfare state requires regulations because of the growth in government activity. As a result, this area of law evolved.
Legislature inadequacy
The legislature runs out of time to enact laws to address society's ever-evolving daily requirements. Even if it does, the laborious and lengthy legislative process will make the regulation meaningless by the time it is put into effect as the needs will have changed. As a result, the administration is authorized to enact laws and exercise its discretion. As a result, there is a need to restrict when powers are granted.
The Judiciary inefficiency
The legal process for making decisions is incredibly formal, complex, and slow. Furthermore, it is not possible to dispose the suites quickly due to the large backlog of cases. Thus, the requirement for tribunals emerged.
Scope for the experiment
Since administrative law is not codified, it can be changed to meet the needs of the government apparatus. It is hence more adaptable. Repeatedly adhering to strict legislative procedures is unnecessary.
Technicalities Avoidance
A functional approach as opposed to a theoretical and legislative approach is represented by administrative law. The judiciary in the past was strict, conservative, and technical. Courts cannot decide matters without using formalities and technicalities. Administrative tribunals are free to decide complicated issues by applying a practical approach and are not constrained by the rules of evidence or process.
Preventive Measures
Unlike traditional courts of law, administrative authorities are able to take preventative action. They are not required to wait for parties to present their disputes to them. Preventive measures often yield greater results and are more beneficial than penalizing an individual after they have breached the law.
Sources of Administrative Law
Administrative law norms and concepts can be found in a variety of sources. The primary sources of administrative law in India are listed below.
Constitution of India
It serves as administrative law's main source. According to Article 73 of the Constitution, the Union's executive authority covers subjects on which the Parliament is authorized to enact laws. Article 62 grants States comparable authority. The strict application of the theory of separation of powers is not acknowledged by the Indian Constitution. Tribunals, the public sector, and government liability are all significant components of administrative law that are included in the Constitution.
Acts/Statutes
Acts enacted by the federal and state governments enable the administrative branches to perform a range of duties essential to the upkeep of law and order, tax collection, economic development, and social progress. These Acts outline the duties of the administration, place restrictions on their authority, and offer a grievance procedure for anyone impacted by the administrative action.
Ordinances, Administrative directions, notifications and Circulars
When unanticipated events occur while the legislature is not in session and thus unable to enact legislation, ordinances are issued. The government is able to respond to such changes by enacting the relevant ordinances. The executive uses the authority provided by several Acts to issue administrative directives, notices, and circulars.
Judicial decisions
In any disagreement between the several branches of government or between the people and the government, the judiciary serves as the last arbitrator. The Constitution has supreme authority in India, and the Supreme Court is empowered to interpret it. Through their varied rulings on the administration's use of authority, the government's culpability for contract violations, and the tortious behavior of government employees, the courts establish administrative rules that serve as guidelines for future government actions.
Conclusion
To sum up, administrative law plays a crucial role in regulating the operations of government agencies, including rulemaking, enforcement, and adjudication within the executive branch. From an early focus on social welfare and law enforcement to a more proactive involvement in fields like healthcare and education, its growth reflects the changing role of a nation. The recommendations and ensuing legislative acts of the Lord Donoughmore Committee signaled the relatively late acceptance of administrative law in England. Similar to this, administrative law developed in the US and India in response to the government's growing powers, requiring court review and formal procedures.
A number of reasons, including the shift to welfare states, ineffective legislation, judicial restraints, and the requirement for flexible regulatory frameworks, have contributed to the growth of administrative law. The basis for regulating administrative activities, guaranteeing accountability, and defending people' rights is provided by administrative law sources, which can range from judicial rulings to constitutional requirements. Administrative law is still essential for maintaining good governance and striking a balance between the state's authority and individual liberties as government operations change.
References
- https://en.wikipedia.org/wiki/Administrative_law
- https://www.investopedia.com/terms/a/administrative-law.asp
- https://www.britannica.com/topic/administrative-law
- https://www.taxmann.com/post/blog/nature-and-scope-of-administrative-law/
- https://www.juscorpus.com/importance-of-administrative-law/
- https://lawbhoomi.com/reasons-for-the-growth-of-administrative-law/