Administrative Law is
that branch of the law, which is concerned, with the
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composition of powers,
duties, rights and liabilities of the various organs of the
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Government.
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The rapid growth of
administrative Law in modern times is the direct result of
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the growth of
administrative powers. The ruling
gospel of the 19th century
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was Laissez faire which manifested itself in
the theories of individualism,
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individual enterprise and
self help. The philosophy envisages
minimum
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government control,
maximum free enterprise and contractual freedom. The
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state was characterized
as the law and order state and its role was conceived
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to be negative as its
internal extended primarily to defending the country from
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external aggression,
maintaining law and order within the country dispensing
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justice to its subjects
and collecting a few taxes to finance these activities. It
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was era of free
enterprise. The management of social
and economic life was
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not regarded as
government responsibility. But laissez
faire doctrine
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resulted in human
misery. It came to be realized that
the bargaining position
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of every person was not
equal and uncontrolled contractual freedom led to the
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exploitation of weaker
sections by the stronger e.g. of the labour by the
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management in
industries. On the one hand, slums,
unhealthy and
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dangerous conditions of
work, child labour wide spread poverty and
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exploitation of masses,
but on the other hand, concentration of wealth in a few
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hands, became the order
of the day. It came to be recognized that the state
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should take active
interest in ameliorating the conditions of poor. This
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approach gave rise to the
favoured state intervention in and social control and
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regulation of individual
enterprise. The state started to act
in the interests of
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social justice; it
assumed a “ positive” role. In course
of time, out of dogma of
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collectivism emerged the
concept of “ Social Welfare State” which lays
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emphasis on the role of
state as a vehicle of socio-economic regeneration and
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welfare of the people.
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Thus the growth of
administrative law is to be attributed to a change of
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philosophy as to the role
and function of state. The shifting of
gears from
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laissez faire state to
social welfare state has resulted in change of role of
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the state. This trend may be illustrated very
forcefully by reference to the
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position in India. Before 1947, India was a police state. The ruling foreign
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power was primarily
interested in strengthening its own domination; the
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administrative machinery
was used mainly with the object in view and the civil
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service came to be designated
as the “steel frame”. The state did
not concern
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itself much with the
welfare of the people. But all this
changed with the
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advent of independence
with the philosophy in the Indian constitution the
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preamble to the
constitution enunciates the great objectives and the socio-
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economic goals for the
achievement of which the Indian constitution has been
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conceived and drafted in
the mid-20th century an era when the concept of
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social welfare state was
predominant. It is thus pervaded with
the modern
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outlook regarding the
objectives and functions of the state.
it embodies a
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distinct philosophy which
regards the state as on organ to secure good and
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welfare of the people
this concept of state is further strengthened by the
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