1) Define Administrative Law and Explain its Nature and Scope
Introduction
Administrative Law is one of the most important branches of public law in modern times. It has
grown rapidly in the 20th century due to the transformation of the state from a mere “law and
order” state to a “welfare state”. In India, this change is clearly reflected in the Preamble and
Directive Principles of State Policy of the Constitution. Administrative Law deals with the
powers, functions, and control of administrative authorities to ensure that they act fairly,
reasonably, and within the limits of law. It protects citizens from arbitrary actions of the
government while enabling the state to perform its welfare functions efficiently.
Definition of Administrative Law
There is no single universally accepted definition, but the following are important:
1. **Ivor Jennings**
“Administrative Law is the law relating to administration. It determines the organisation,
powers and duties of administrative authorities.”
- This definition focuses on structure and functions but does not clearly cover the manner of
exercise of power or control mechanisms.
2. **A.V. Dicey**
He defined it as that part of law which determines:
- Legal status and liabilities of state officials,
- Rights and liabilities of private individuals in relation to officials, and
- Procedure for enforcing those rights and liabilities.
- This is narrow because Dicey opposed the French system (*droit administratif*) and focused
mainly on remedies against officials.
3. **Modern View** (H.W.R. Wade):
Administrative Law is “the law relating to the control of governmental power”. This highlights
the importance of judicial review.
4. **Indian Context** (I.P. Massey & M.P. Jain):
It is the law that controls administrative authorities and ensures they act according to
constitutional principles like Rule of Law, equality (Article 14), and fairness (Article 21).
Nature of Administrative Law
Administrative Law has the following key features, making it different from ordinary law:
- 1)Dynamic and Flexible**: It changes with socio-economic needs. Rules can be made,
tested, and modified quickly (unlike rigid legislation).
- 2)Public-oriented**: It governs the relationship between the state and citizens in public
matters.
- 3)*Functional and Practical**: Focuses on achieving results rather than strict formalities.
Tribunals avoid technical rules of evidence and procedure.
- 4)*Preventive**: Authorities can take action before harm occurs (e.g., licensing, rate-fixing,
suspension of licenses).
- 5)Experimental**: New schemes can be tried and improved easily.
- 6)Dual Character**: It gives wide powers to the administration for welfare but also provides
checks (judicial review) to prevent misuse.
- 7)Global Dimension**: Today, it includes influence of international bodies like WTO (Global
Administrative Law).
#### Reasons for Growth
- Shift from **laissez-faire** to **welfare state**.
- Urbanisation and industrialisation → need for housing, roads, etc.
- Need for quick action in emergencies.
- Traditional courts were slow, costly, and formal → need for expert tribunals.
- Legislature overburdened → delegation of rule-making power.
- Need for preventive and effective remedies.
#### Scope of Administrative Law
The scope is very wide and covers almost all activities of the administration (Syllabus – Unit I to
V):
- Organisation, powers, and duties of administrative authorities.
- Classification of administrative actions (administrative, quasi-judicial, legislative).
- Delegated legislation and its control.
- Principles of natural justice (no bias, fair hearing, reasoned decisions).
- Administrative discretion and judicial review.
- Remedies – Writs (Articles 32 & 226), liability of state in contract (Article 299) and tort (Article
300).
- Doctrines like promissory estoppel, legitimate expectation, proportionality.
- Control over public corporations, corruption (Lokpal, Lokayukta, CVC).
- Emerging areas like Global Administrative Law.
#### Important Case Laws
1. **Ram Jawaya Kapur v. State of Punjab (AIR 1955 SC 549)**
- Executive can perform welfare functions even without specific legislation if no fundamental
rights are violated → shows wide scope of administrative power in welfare state.
2. **A.K. Kraipak v. Union of India (AIR 1970 SC 150)**
- Natural justice applies even to administrative actions → bias invalidates decision →
highlights fairness as part of nature.
3. **Maneka Gandhi v. Union of India (AIR 1978 SC 597)**
- Procedure established by law must be fair, just, and reasonable → expanded scope of
Administrative Law to protect Article 21 rights.
4. **Indira Nehru Gandhi v. Raj Narain (AIR 1975 SC 2299)**
- Rule of Law is part of the basic structure → Administrative Law must uphold Rule of Law.
#### Conclusion
Administrative Law is the backbone of modern democratic governance. It balances the huge
powers given to the administration for public welfare with strong safeguards like Rule of Law
and judicial review. In India, it ensures that the government works for social justice while
respecting individual rights guaranteed by the Constitution. As the Law Commission observed,
greater administrative power requires greater vigilance through Rule of Law. With globalisation,
its importance will only increase in the future. Thus, Administrative Law is essential for a just,
efficient, and accountable administration.