Definition, Nature, Scope and Significance of Administrative Law

Introduction to Administrative Law

In addition to its traditional roles of maintaining law and order, delivering justice, and safeguarding citizens, the state has taken on many new responsibilities in modern times. These include various development, planning, and welfare programs that impact all areas of life. To achieve the goals of a welfare state, the government had to be given significant powers. As a result, administrative law emerged as a by-product of the state’s expanding social and economic roles and increased authority.

Concept and Definition of Administrative Law

Administrative law is a branch of public law that governs the powers, duties, rights, and responsibilities of government agencies involved in public administration. While there have been various attempts to define administrative law precisely, a universally accepted definition remains elusive. According to Austin, administrative law is concerned with determining how sovereign powers should be exercised and the methods for exercising those powers.

Nature and Scope of Administrative Law

Nature of Administrative Law: Administrative law is indeed a form of law, but it's not the same as specific types of laws like "property law" or "labour laws." Instead, it involves the study of various elements that are not strictly legal statutes, such as administrative circulars, policy statements, resolutions, and memorandums. Additionally, it incorporates principles of "higher law," such as natural justice.

Unlike private law, which deals with relationships between individuals, administrative law is a part of public law and focuses on the relationship between individuals and organized governmental power. It examines the structure and powers of administrative and quasi-administrative agencies. This study includes understanding how these agencies are organized, the powers they possess, how they exercise these powers, and the control mechanisms that regulate them. Therefore, administrative law covers not only governmental agencies but also institutions like corporations, boards, and universities.

Scope of Administrative Law: Administrative law focuses on various official actions, including:

• Rule-Making Actions: The process of creating rules and regulations.
• Adjudicatory Actions: Decisions made by authorities in specific cases, similar to court judgments.
• Application of Rules: The enforcement and implementation of these rules in specific situations.

General Principles of Administrative Law

The core of administrative law is determining whether a government official's actions are legally valid or authorized. This involves checking the specific law that gives the official the authority to act. While constitutional law focuses on who has the power to create laws, administrative law deals with how government officials, empowered by these laws, carry out their duties. Therefore, constitutional and administrative law are closely connected.

The Rule of Law

The rule of law is centered on the idea that justice should be based on fairness, impartiality, and established legal procedures rather than on arbitrary decisions or misuse of power by the government. It aligns with the principles of natural justice, which require decisions to be made fairly, without bias, and based on the facts of each case, especially when specific laws are not in place. The goal is to protect individuals' rights from being violated by those in power.

Delegation of Authority

Given the vast amount of government work, it's essential for legislators to delegate some of their powers to administrators. Parliament alone cannot handle all the decisions required in a country due to the sheer volume and complexity of issues. Another key reason for delegating authority is that laws need to be general in nature since they can't address every specific and constantly changing situation.

Important Case Laws on the Nature and Scope of Administrative Law

Conclusion

According to Prof. K.C. Davies, "Administrative law refers specifically to the laws that control the powers and procedures of administrative agencies, especially those related to the judicial review of their actions." It doesn't cover the extensive body of detailed laws created by these agencies, much of which is too complex for most lawyers to fully understand.