Administrative Law : Conceptual Analysis Issues and Prospects

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dministrative law is the bye-product of the growing socio-economic

functions of the State and the increased powers of the government.

Administrative law has become very necessary in the developed

society, the relationship of the administrative authorities and the

people have become very complex.  In order to regulate these

complex, relations, some law is necessary, which may bring about regularity

certainty and may check at the same time the misuse of powers vested in the

administration.  With the growth of the society, its complexity increased and

thereby presenting new challenges to the administration we can have the

appraisal of the same only when we make a comparative study of the duties

of the administration in the ancient times with that of the modern times.  In the

ancient society the functions of the state were very few the prominent among

them being protection from foreign invasion, levying of Taxes   and

maintenance of internal peace & order. It does not mean, however that there

was no administrative law before 20th century.  In fact administration itself is

concomitant of organized Administration. In India itself, administrative law can

be traced to the well-organized administration under the Mauryas and

Guptas, several centuries before the Christ, following through the

administrative, system of Mughals to the administration under the East India

Company, the precursor of the modern administrative system. But in the

modern society, the functions of the state are manifold, In fact, the modern

state is regarded as the custodian of social welfare and consequently, there is

not a single field of activity which is free from direct or indirect interference by

the state. Along with duties, and powers the state has to shoulder new

responsibilities.  The growth in the range of responsibilities of the state thus

ushered in an administrative age and an era of Administrative law.

The development of Administrative law is an inevitable necessity of the

modern times; a study of administrative law acquaints us with those rules

according to which the administration is to be carried on. Administrative Law

Module – 1

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has been characterized as the most outstanding legal development of the

20th-century.

Administrative Law is that branch of the law, which is concerned, with the

composition of powers, duties, rights and liabilities of the various organs of the

Government.

The rapid growth of administrative Law in modern times is the direct result of

the growth of administrative powers.  The ruling gospel of the 19th century

was  Laissez faire which manifested itself in the theories of individualism,

individual enterprise and self help.  The philosophy envisages minimum

government control, maximum free enterprise and contractual freedom.  The

state was characterized as the law and order state and its role was conceived

to be negative as its internal extended primarily to defending the country from

external aggression, maintaining law and order within the country dispensing

justice to its subjects and collecting a few taxes to finance these activities.  It

was era of free enterprise.  The management of social and economic life was

not regarded as government responsibility.  But laissez faire  doctrine

resulted in human misery.  It came to be realized that the bargaining position

of every person was not equal and uncontrolled contractual freedom led to the

exploitation of weaker sections by the stronger e.g. of the labour by the

management in industries.  On the one hand, slums, unhealthy and

dangerous conditions of work, child labour wide spread poverty and

exploitation of masses, but on the other hand, concentration of wealth in a few

hands, became the order of the  day.  It came to be recognized that the state

should take active interest in ameliorating the conditions of poor.  This

approach gave rise to the favoured state intervention in and social control and

regulation of individual enterprise.  The state started to act in the interests of

social justice; it assumed a “ positive” role.  In course of time, out of dogma of

collectivism emerged the concept of “ Social Welfare State” which lays

emphasis on the role of state as a vehicle of socio-economic regeneration and

welfare of the people.

Thus the growth of administrative law is to be attributed to a change of

philosophy as to the role and function of state.  The shifting of gears from

laissez faire state to social welfare state has resulted in change of role of

the state.  This trend may be illustrated very forcefully by reference to the

position in India.  Before 1947, India was a police state.  The ruling foreign

power was primarily interested in strengthening its own domination; the

administrative machinery was used mainly with the object in view and the civil

service came to be designated as the “steel frame”.  The state did not concern

itself much with the welfare of the people.  But all this changed with the

advent of independence with the philosophy in the Indian constitution the

preamble to the constitution enunciates the great objectives and the socio-

economic goals for the achievement of which the Indian constitution has been

conceived and drafted in the mid-20th century an era when the concept of

social welfare state was predominant.  It is thus pervaded with the modern

outlook regarding the objectives and functions of the state.  it embodies a

distinct philosophy which regards the state as on organ to secure good and

welfare of the people this concept of state is further strengthened by the