Administrative Law

Administrative Law deals with power and functions of administrative authorities, in such a way that the power and functions were to be executed in a definite manner

under development stages of the society, the administrative law was made a crucial mark to ensure the good governance for the citizens in another way this execution and implementation may affect the rights of citizens

Definition

”Administrative law is the law relating to the administration. It determines the organisation, powers and duties of the administrative authorities” – Ivor Jennings

”the law relating to the control of governmental power” – Wade

Growth of administrative law

1. State System 

Due to rapid change in the law and order in the state and state was fixed with old methodologies in maintaining the law and order which gave rise to administrative law to adopt the changes in the state 

2. Judicial system 

as the state began to march towards the change in the law and order which directly effected the judicial system to adopt to the said change in the state

3. Legislative process

the legislative process was not up to mark for such change and requires more time to investigate and make it fit right for the change, hence it became necessary to delegate the powers to administrative law

4. Experimental in Nature

As our Legislation is more rigid in nature, but the administrative law is more flexible in nature which can be easily altered or modified

5. More Practical Approach 

The administrative authorities can avoid technicalities, the traditional judiciary has to follow certain procedures while dealing with problems but whereas the administrative is more on practical side and can be easily decide the complex matters

6. Pre-cautionary method

The administrative system follow certain preventive measures which reduce the waiting time of the parties while disputes, unlike the regular procedure of court can involve a waiting time while resolving their disputes, these preventive approaches are effective and useful

7. Easily Enforceable 

As stated above, the the preventive measures are said to be easily enforceable 

Administrative Law and Constitutional Law

There is no separate meaning and scope given to administrative law, the administrative law was always included in constitutional law, both these subjects are co-extensive, the one is bound by other directly or indirectly 

These subjects aim at functions of government and public law and promote the welfare of the state, both these aim at good governance wherein both treat public interest as primary, a well known maxim “salus populi est suprema lex” meaning public welfare is supreme law

constitutional law deals with power and functions of legislature, executive and judiciary whereas the administrative law is part of constitutional law which deals with power and functions of administrative authorities. In a Nutshell the constitutional law is concerned with status of ministers and civil servants and wheres as administrative law is concerned with proper working of departments of the government.

English Administrative and Indian Administrative law :

The presidential form of government is observed in england and is considered the supreme, once the law enacted by the british parliament is considered the highest form of law amongst the other forms of law,hence the administrative action can be considered only if it ultra vires the statue.

The Indian Constitution is written the power of judicial review is conferred with supreme and high courts as stated in the constitution, like the british the administrative action is considered if ultra vires the constitution but this depends upon four walls namely 

1. The action must be in-accordance with rules and regulations

2. such rules and regulations must in bid with the concern act

3. such action and rules and regulations must be with provisions of the constitution and 

4. the constitutional amendment must be within the provisions of basic structure.