What is Administrative Law?
Administrative Law is the public law that governs the organisation, functions and powers of government agencies and executive authorities. It ensures that administrative actions are legal, fair and within limits.
Key Features of Administrative Law:
- Governs government and executive decisions.
- Ensures citizens are treated fairly by government agencies.
- Makes rules, regulations and procedures for administrative authorities.
- Provides a judicial review mechanism to check state arbitrariness.
Understanding Administrative Law
Branch of Public Law:
- Deals with the relation between individuals and government.
- Makes legal frameworks for administrative actions.
Scope of Administrative Law:
- Defines powers and functions of administrative bodies.
- Regulates rule-making powers of administrative agencies.
- Controls quasi-judicial functions of public authorities.
- Grants judicial oversight over administrative bodies.
- Prevents abuse of power by government.
- Ensures transparency, accountability and fairness in administration.
- Protects citizens from wrongful administrative decisions.
Administrative Law in India
Historical Background:
- Ancient India (Mauryan & Gupta Dynasties) had a centralised administration.
- British introduced structured administrative laws.
- Post-independence, India expanded state functions, increasing administrative oversight.
Judicial Review & Rule of Law:
- Indian courts can quash government actions if they are beyond legal limits.
- Unconstitutional, illegal or ultra vires regulations are void.
- The judiciary ensures government actions are in conformity with constitutional principles.
Administrative Tribunals:
- Special tribunals handle disputes related to administrative actions (e.g., Central Administrative Tribunal).
- Reduces burden on regular courts while ensuring justice in administrative matters.
Benefits of Administrative Law
- Prevents Abuse of Power – Government officials act within legal boundaries.
- Rule of Law – No authority can act against citizens’ rights arbitrarily.
- Accountability – Government actions are subject to legal examination.
- Fast Dispute Resolution – Administrative tribunals resolve cases faster than regular courts.
- Transparency – Government agencies have to follow set procedures while making decisions.
Key Takeaways
- Strengthening of Judicial Review: Courts are striking down arbitrary executive orders.
- Creation of Tribunals: New tribunals for tax, environment and service matters.
- RTI Enhancements: Government agencies to increase transparency in their actions.
