Sunday, February 12, 2012

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

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