THE GROWTH OF ADMINISTRATIVE LAW

Administrative law relates to public administration. It’s basically the legal code, or set of rules and precedents, which govern relations between the individual and the state. Administrative law is derived from specific authorization of laws made by a sovereign body ‘in modern developing state by parliament. It can be differentiated from common law/national civil law and the mechanism for dispensing justice in a variety of ways.

As an independent discipline, it is not more than a hundred years old, though it witnessed momentous legal developments in the twentieth century. Administrative law and its presence has been there in society since the creation of some form of government therefore it is as old as society itself. In the Indian Subcontinent, its manifestation can be seen under Mughal administration, and thereafter during British rule. The qualitative and quantitative development in administrative law took place in democratic countries like United States of America and England and started to be identified as distinct from constitutional law.

The growth of administrative law can also be attributed to the changing role and function of state and its complexity with the development of society. In 19th century, the state’s role was limited to secure borders from outside aggression and maintain law and order while the breaking into one’s private life was least giving contractual freedom and free enterprise. With the passage of time the stronger ones started to exploit weaker segments of society which resulted into initiation of steps to ameliorate the conditions of the poor.

The concept of social welfare state began to gain strength, and states assumed the responsibility to regulate social and economic life in the larger interests of the people. In democratic countries, this phenomenon gave birth to a number of functions which were hitherto left to individuals. Now the state has acquired a proactive role in running affairs of the society and focus is to improve the standard of life of all segments of society whether rural or urban.

The subject of administrative law and public administration also began to expand all over the world particularly in democracies and new concepts also emerged to tackle administrative challenges, ultimately administrative law assumed great import. The three organs of state i.e. legislature, judiciary and executive, witnessed much more responsibilities but the largest extension took place at administrative level. Presently, administrative organ exercises powers in the name of delegated powers, subordinate legislation, bylaws and orders of general nature besides power to adjudicate over disputes between self and private individuals.

Thus a number of tribunals have emerged with varied structures, jurisdiction, procedures, and powers with binding decisions. For effective administration, its role increased manifold ranging from holding inquiry, inspection, investigation, search and control to discretionary and regulatory functions. Now individual has been given more rights and safeguard from administrative excesses, this is all due to development of administrative law and its growth in 20th century.