Friday, 6 January 2012

ADMINISTRATIVE LAW : Status & repurcussion in India with comparitive perspective. to France , USA & UK. ...............1

Dr Balraj Bishnoi

ADMINISTRATIVE LAW is the fruit of welfare state and relating to public powers of the Government. It is the rule of law promulgated by an executive department & is the form of delegated legislation(framed by subordinate law makers/bodies) &describes the nature of the activity of the government in action & consider to be law relating to public administration. It denotes country’s legal system and determines legal status and responsibilities of private person in their dealings with state officials. French term “droit administrative”expess better deal more than administrative law & its acceptance i.e. doctrine of separation of power as well as disputes of public & officials.
Dicey defines administrtive law as “the portion of country’s legal system which determines the liabilities &legal status of state officials , defining the rights a& liabilities of private person in dealing with public officials and specifies the procedure by which rights and liabilities are enforced”.        
Exclusions :1 public corporation & several administrative authorities. Dicey’s definition is concerned with one aspect of i.e. Judicial Control of public officials.                    According to Jenning, “Administrative law” is related to administration and determines the organization, powers and duties of administrative authorities (“The law of constitution, 1959). K.C.Davis elaborated jenning’s definition , aspect“administrative law is the law concerning the powers & procedures of administrative agencies including especially the law governing judicial review of administrative action. Proff.Wade remarks “ Administrativec law is concerned with the operation & control of the administrative authorities with emphasis on functions rather than on structure.
According to proff. Griffith & street , 3 questions mainly concerned with administrative law:
1 What sort of powers does the administration exercise?
2 What are the limits of those powers?
3 What are the the ways in which the administration is kept within those limits?
               It can be precise that A.Law deals with the QUASI-LEGISLATIVE & QUASI-JUDICIAL powers of the administrative authorities & their executive powers and their control.                 
   Breifly , administrative law is a study of different powers of administrative authorities & their control. Power of administrative authorities can be studied under following heads:
1) Legislative rule making
2) Judicial or Adjudicative and
3) Purely executive power.
K.C.Davis says, that, “Administrative law is the law limited to law concerning powers,procedures of administrative agencies,including especially the law governing judicial review of administrative action.
        The scope of Administrative law in INDIA: It is similar to USA. It deals with ways & means to keep the multifarious powers of administrative authorities under control and is the method of to prevent the growth of an autocratic rule by administrative authorities& provides safeguard against “new despotism”(lord Hewart).

PURPOSE of Administrative Law- It deals with:
1 what kind of powers does the administration exercise?
2 what procedures do administrative authorities follow in the exercise of the powers of the administration?
4 what are the ways in which the administration is kept within those limitations?
5 what remedies are available to the individual against the illegal actions o administration? (grifith & street, principles of administrative law,p.4.)
      Thus administrative law is concerned with Judicial control of administrative powers.

Main causes for the growth of Administrative Law:

1 Stress & emphasis on public welfare activities of the state.
Modern states assumed the role of the welfare state and proliferation of administrative powers & functions.
2 Industralization and urbanization in modern era.
To fulfill the responsibilities due to Indus… & urban… consequences, administration needfully provided with legislative powers & were delegated to the administration.
3Administrative interference in the public life.            Too much power give rise to corruption & misuse or abuse of power and negates people rights, democratic process & rule of law.     
4 Technological development …and consequence probems
  There arise need for cheap remedial justice.
 5 Speedy & simple mode of adjudication.
 6 Decentralization of economic resources& to ensure social & economic justice
 In order to secure economic justice the state shall take necessary steps
        Mr ramaswami stated that “the administrative authority interferes in all domains of social & economic life, in the fields of industry,commerce…..From the constitution standpoint,there is a largescale delegation of legislative & judicial powers to administrative agencies.
 Functions of the administrative law:
1finding the ways in which administration should be kept within limit.
2 the democratic safeguards to be ensured
3 keeps powers of the government within their legal bounds to protect citizens against the abuse.
4 stops tendency to be misused which results in maladministration.
5 It substitutes rule of law in place of absolute discretion.
 Principle sources of Administrative Law:
1 Constitution of India
Article 32 –it extends protection against infringement of
Article 226- it confers powers on the high court to provide   appropriate remedies in cases of violation of FR or legal rights by any administrative or quasi-judicial action.        Article 136 confers special jurisdiction upon the supreme court to grant leave to special appeal against any judicial or quasi-judicial order or decision. Article 299 has fixed contractual liability and article 300 provides for the tortial liability of the government both the articles(299&300) permit action for damages against the government for any breach of contract or wrongful act.
Article 311 gives protection against any indisciplinary actions by their superior authorities.
2 Acts & Statutes-Most of the powers derived from these and delegated legislation also works to be potential source of functions and powers.      
3 Judicial decisions: K.C.Davis, most of administrative law is judge made law in USA.
Relation between administrative law & constitutional law:
Indian constitution is a written thus relation is distinct & constitution stands foremost besides statutes,precedents & 
Statutary instruments.
In India both administrative &executive acts are secured:
                                                    …………to be continue


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