Short Notes on Administrative Law

Administrative Law

Introduction :

Administrative Law is separate from constitution .Legislature is assigned with the task of Legislative function .In a welfare state legislative work has been increased .But if state is not fair then Administrative Law is to reconcile power to Individual liberty to check abuse of power by government .State power should not be abused to check ,Impartial and fair determination of our disputes .Government should be publicly accountable .A kind of trust is imposed upon government .Administrative Law is to check corruption of power or check misuse or abuse of power .

Reasons of growth of Administrative Law :
Administrative function have grown .Maintenance of law and order to protect public welfare or is welfare state .Securing of Social justice Economic justice and political justice is primary task .Maximum Good of maximum should also be secured .Increase of population ,unemployment ,poverty under these kind of problem education ,housing, transport that is preview of administrative era for the welfare of people .such administrative grown up . ‘Administrative rule making is essential ’.Rule making policy laid down broad policy which can make quickly .
Administrative Adjudication
Administrative decision making is Administrative adjudication which is an essential part of Administrative function . Administrative function have grown since State activism has grown . Administrative law has grown because of;
(a) Administrative rule making
(b) Administrative Adjudication
(c)Rule Application
(d)Pure Administrative function .
Rule based on justice .to check arbitrary power of state. Administrative law concerns on to Administrator not to judiciary.

Growth of Administrative Law and it’s Objectives :

Definition of Administrative Law;

there are so many definitions Administrative Law by eminent scholars but the definition given by Massey is well accepted .
According to Massey “Administrative Law; is that branch of public law which deals with organization and powers of Administrative and quasi Administrative agencies and prescribe principles and rules by which an official action is reached and reviews in relation to individual liberty and freedom ”


OFFICIAL Action = Administrative rule making (Quasi Legislative function of administration )+ Administrative Adjudication (Administrative judicial making Administrative decision ) + Administrative Application (discretion ) + Pure Administrative Application which are administered function .
It has to be done provided by legislature .


Relationship between Administrative Law and Constitutional Law:

In England there was no difference between Administrative Law and Constitutional Law.
According to Keith
”It is logically impossible to distinguish administrative from constitutional law and all attempts to so is artificial ”

However according to Holland , constitutional law describes the various organs of government at rest ,while administrative law describes them in notion ‘
Jennings said administrative law deals with organizing function of power duties of administrative authority which constitutional law deals with general principles relating to the organization and parts of the various organs of the state their relationship inter-se end with the individual .

So conclusively ,if one draws two circles of administrative law and constitutional law, at a certain place they may overlap and this area may called as ‘watershed ’ in administrative law .


(Continues .....)

Upcoming Post will cover :

Rule of Law

Separation of Power