Sunday, October 27, 2013

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.

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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