Growth of Administrative Law in India

INTRODUCTION

Administrative law is a branch of public law that deals with the organization, powers, and duties of administrative authorities. It governs the executive branch and its functioning in a democratic polity. The growth of administrative law in India has been influenced by the development of welfare state policies, increasing government intervention in public life, and the expansion of state functions. Administrative law ensures that the executive arm of the government functions within the legal framework and remains accountable to the people. This assignment explores the evolution and growth of administrative law in India, its relevance in modern governance, and the role played by the judiciary in shaping this area of law.

The modern concept of administrative law originated in response to the complexities of contemporary governance. As the functions of the government diversified beyond mere policing functions to include social, economic, and regulatory activities, the executive was entrusted with vast powers to meet the growing needs of society. This delegation of power required corresponding checks to prevent abuse and arbitrariness. Administrative law developed as a mechanism to balance administrative discretion with the rule of law.

In the Indian context, the Constitution provides a robust framework for administrative functioning. It envisions a welfare state and grants the executive certain powers to fulfill the socio-economic objectives enshrined in the Directive Principles of State Policy. However, the exercise of these powers must be in conformity with the fundamental rights guaranteed under Part III of the Constitution. Thus, administrative law in India has evolved to mediate between the conflicting demands of effective governance and individual rights.

Moreover, the judiciary has played a critical role in shaping administrative law in India. Through its interpretation of constitutional provisions, enforcement of the principles of natural justice, and judicial review of administrative actions, the courts have acted as guardians of the rule of law. Judicial activism, particularly in the post-Emergency period, has further strengthened the accountability of administrative bodies.

MEANING AND DEFINITION OF ADMINISTRATIVE LAW

Administrative law can be defined as the body of rules and principles that govern the functioning and powers of administrative authorities. According to Ivor Jennings, administrative law is “the law relating to the administration. It determines the organization, powers, and duties of administrative authorities.” In India, administrative law encompasses legislative powers of the administration, administrative adjudication, delegated legislation, and the control mechanisms over administrative actions.

The roots of administrative law in India can be traced to ancient and medieval times where kings and emperors exercised executive powers with the help of councils and ministers. However, modern administrative law evolved under British rule. The colonial government established various administrative structures and tribunals to deal with matters such as taxation, revenue, and law and order. With the establishment of the Constitution of India in 1950, administrative law started gaining momentum as the Constitution envisaged a welfare state and conferred wide powers on the executive. The need to regulate administrative discretion and to ensure accountability led to the development of a structured administrative legal framework.

Post-independence, India witnessed massive expansion in state activities. The government undertook various socio-economic programs requiring effective administrative machinery.

Administrative agencies were created to regulate sectors such as education, health, environment, and industries. Administrative law grew to ensure that these agencies operate within legal bounds. The Constitution of India, particularly Part III (Fundamental Rights) and Part IV (Directive Principles of State Policy), provided the legal basis for the functioning of administrative bodies. Over the years, the judiciary has played a pivotal role in interpreting constitutional provisions and in laying down principles that shaped administrative law.

DEVELOPMENT OF ADMINISTRATIVE LAW IN INDIA

Administrative law existed in India even in ancient times. Under the Mauryas and Guptas, several centuries before Christ, there was well organized and centralized Administration in India. The rule of “Dharma” was observed by kings and Administrators and nobody claimed any exemption from it. The basic principle of natural justice and fair play were followed by the kings and officers as the administration could be run only on those principles accepted by Dharma, which was even a wider word than “Rule of Law” or “Due process of Law”, Yet, there was no administrative law is existence in the sense in which we study it today. With the establishment of East India company and event of the British Rule in India. The powers of the government had increased. Many Acts, statutes and Legislation were passed by the British government regulating public safety, health, morality transport and labour relations.

Practice of granting administrative license began with the State Carriage Act 1861. The first public corporation was established under the Bombay Port Trust Act 1879. Delegated legislation was accepted by the Northern India Canal and Drainage Act, 1873 and Opium Act 1878 proper and effective steps were taken to regulate the trade and traffic in explosives by the Indian Explosives by the Indian Explosives Act 1884. In many statutes, provisions were made with regard to holding of permits and licenses and for the settlement of disputes by the administrative authorities and tribunals.

During the Second World War, the executive powers tremendously increased Defence of India Act, 1939 and the rules made there under conferred ample powers on the property of an individual with little or no judicial control over them, In addition to this, the government issued many orders and ordinances, covering several matters by way of Administrative instructions. Since independence, the activities and the functions of the government have further increased. Under the Industrial Disputes Act 1947, the Minimum Wages Act 1948 important social security measures have been taken for those employed in Industries. The philosophy of a welfare state has been specifically embodied in the constitution of India. In the constitution itself, the provisions are made to secure to all citizens social, economic and political justice, equality of status and opportunity. The ownership and control of material resources of the society should be so distributed as best to sub serve the common good. The operation of the economic system should not result in the concentration of all these objects.

The State is given power to impose reasonable restrictions even on the Fundamental Rights guaranteed by the constitution. In Fact, to secure those objects, several steps have been taken by the parliament by passing many Acts, for example. The Industrial (Development and Regulation) Act 1951, the Requisitioning and Acquisition of Immovable Property Act 1952, the Essential Commodities Act, 1955. The Companies Act 1956, the Banking Companies (Acquisition and Transfer of undertakings) Act, 1969. The Maternity Benefits Act, 1961, The Payment of Bonus Act 1965, The Equal Remuneration Act 1976, The Urban Land (ceiling and Regulation) Act 1976, The Beedi Worker’s Welfare Fund Act, 1976 etc. Even the judiciary has started taking into consideration the objects and ideals social welfare while interpreting all these Acts and the provisions of the Constitution. In the case of Vellunkunnel v. Reserve Bank of India, 1the Supreme Court held that under the Banking Companies Act, 1949 the Reserve Bank was the sole judge to decide whether the affairs of a Banking company where being conducted in a manner prejudicial to the depositors, interest and the court had no option but to pass an order of winding up as prayed for by the Reserve Bank.
Also, in the case of State of Andhra Pradesh v. C. V. Rao, 2the Supreme Court dealing with departmental inquiry, held that the jurisdiction to issue a writ of certiorari under Article 226 is supervisory in nature.

In is not an appellate court and if there is some evidence or record on which the tribunal had passed the order, the said findings cannot be challenged on the ground the evidence for the same is insufficient or inadequate. The adequacy or sufficiency of evidence is within the exclusive jurisdiction of the tribunal. The Apex Court in Shrivastava v. Suresh Singh 3observed that in matters relating to questions regarding adequacy or sufficiently of training the expert opinion of public service commission would be generally accepted by the court. The Supreme Court in State of Gujrat v. M. I. HaiderBux 4held that under the provisions of the Land Acquisition Act, 1994, Ordinarily, government is the best authority to decide whether a particular purpose is a public purpose and whether the land can be acquired for the purpose or not.
Hence, on the one hand, the activities and powers of the government and administrative authorities have increased and on the other hand, there is great need for the enforcement of the rule of law and judicial review over these powers, so that the citizens should be free to enjoy the liberty guaranteed to them by the constitution. For that purpose, provisions are made in the statutes giving right of appeal, revision etc. and at the same time extra-ordinary remedies are available to them under Article 32, 226 and 227 of the constitution of India. The Principle of judicial review is also accepted in our constitution, and the order passed by the administrative authorities can be quashed and set aside if they are malafied or ultravires the Act or the provisions of the constitution. And if the rules, regulations or orders passed by these authorities are not within their powers, they can be declared ultravires, unconstitutional, illegal or void.

REASONS FOR THE GROWTH OF ADMINISTRATIVE LAW IN INDIA

Several factors have contributed to the growth of administrative law in India. These include:
The emergence of welfare state functions that require continuous administrative action. The complexity of modern governance that necessitates specialized agencies. The need for quick and effective decision-making which cannot be achieved through traditional legislative and judicial processes. The delegation of legislative powers to the executive to frame rules and regulations. The increasing public awareness and demand for transparency and accountability. Judicial activism and the proactive role of courts in safeguarding citizens’ rights.

DELEGATED LEGISLATION AND ITS ROLE IN ADMINISTRATIVE LAW

Delegated legislation refers to the process where the legislature delegates some of its lawmaking powers to the executive. In India, delegated legislation has become a significant feature of governance. Administrative authorities are empowered to make rules, regulations, and byelaws to fill in the details of the parent legislation. The courts have upheld the validity of delegated legislation provided it does not exceed the limits prescribed by the enabling statute.

In A.K. Roy v. Union of India, 5the Supreme Court held that excessive delegation of legislative power is unconstitutional. However, in D.S. Gerewal v. State of Punjab6, the court recognized the necessity of delegated legislation in modern governance.

ADMINISTRATIVE ADJUDICATION

Administrative adjudication refers to the process by which administrative agencies resolve disputes. These agencies perform quasi-judicial functions and provide an alternative to traditional court proceedings. Tribunals such as the Central Administrative Tribunal (CAT), National Company Law Tribunal (NCLT), and others have been set up to adjudicate specific types of disputes.
In Union of India v. Madras Bar Association, the Supreme Court upheld the constitutionality of the National Company Law Appellate Tribunal (NCLAT) but emphasized the need for judicial independence and fairness in administrative adjudication.

JUDICIAL CONTROL OF ADMINISTRATIVE ACTION

Judicial control is a mechanism to keep administrative authorities within their legal limits. The courts exercise control through constitutional remedies, judicial review, and appeals. The scope of judicial review has been expanded through various landmark judgments. The courts intervene when there is abuse of power, violation of natural justice, or breach of fundamental rights.
In Ridge v. Baldwin, the English court laid down the principle that administrative decisions violating natural justice are void. Indian courts have followed similar reasoning in cases like State of Orissa v. Binapani Dei.

WRIT JURISDICTION AND ADMINISTRATIVE LAW

The Constitution of India provides for writ jurisdiction under Articles 32 and 226. Citizens can approach the Supreme Court and High Courts for the enforcement of fundamental rights and legal rights. The writs available include:
Habeas Corpus
Mandamus
Prohibition
Certiorari
Quo Warranto

In Bihar State Electricity Board v. Bhiari8, the Supreme Court held that writ jurisdiction is a powerful tool to control administrative action.

ROLE OF INDIAN JUDICIARY IN SHAPING ADMINISTRATIVE LAW

The Indian judiciary has played a significant role in the development of administrative law. Through judicial review, interpretation of statutes, and enforcement of fundamental rights, courts have evolved legal principles governing administrative action. Judicial activism has led to the recognition of rights, curbing of arbitrary power, and enforcement of accountability in governance.
In Kesavananda Bharati v. State of Kerala, the Supreme Court laid down the basic structure doctrine, which indirectly impacted administrative law by limiting the powers of the executive.

IMPORTANT DOCTRINES IN ADMINISTRATIVE LAW

Several doctrines have been developed in administrative law to ensure good governance:
Doctrine of Ultra Vires – Any administrative act done beyond the scope of authority is void.
Doctrine of Legitimate Expectation – Citizens may have a legitimate expectation from administrative authorities.
Doctrine of Proportionality – Administrative action must be proportionate to the object sought to be achieved.
Doctrine of Public Accountability – Public officials are accountable for their actions.

LANDMARK JUDGMENTS

A.K. Kraipak v. Union of India – Blurred the line between administrative and quasijudicial functions.
Menaka Gandhi v. Union of India 11– Expanded the scope of Article 21 and natural justice.
Indira Nehru Gandhi v. Raj Narain – Emphasized rule of law and judicial supremacy.
Union of India v. R. Gandhi – Upheld the importance of independence in tribunal functioning.
P.U.C.L. v. Union of India – Affirmed that transparency is a part of good governance.

CRITICISM AND CHALLENGES

Administrative law in India faces several challenges. There is a lack of uniformity in procedures across tribunals. Delay in administrative adjudication undermines efficiency. There is also concern over excessive delegation and limited accountability of bureaucrats. Despite judicial efforts, enforcement remains a concern. Critics also argue that administrative discretion often leads to arbitrariness.

CONCLUSION

Administrative law has witnessed tremendous growth over the years. Reasons for the growth of Administrative Law include the changes in the philosophy of the state’s role, inadequacies of the judicial and legislative processes, the need for flexibility and the ability of administrative authorities to take preventive measures and enforce them effectively.
The growth of administrative law in India reflects the dynamic relationship between the government, the judiciary, and citizens. As India continues to face new governance challenges, administrative law remains crucial for ensuring accountability, transparency, and adherence to constitutional principles. While administrative law has its advantages, it also has its challenges, such as the lack of transparency, accountability and the possibility of abuse of power. However, with the right balance of power and effective regulation, administrative law can continue to grow and serve the needs of society.

REFERENCES
Administrative Law and Its Development in India – The Law Express
Administrative Law in India: A Brief History (cslr.in)
A complete overview of Administrative Law | Law column
Emerging Challenges to Indian Administration – Legal Desire Media and Insights
Reasons for the Growth of Administrative Law (lawbhoomi.com)
https://law.uok.edu.in/Files/5ce6c765-c013-446c-b6acb9de496f8751/Custom/Adm%20Unit_I_and_II.pdf
Historical Development of Administrative Law in India (indiatimes.com)
C.K. Taqwani, (2021) “Lectures on Administrative Law”, EBC Explorer (P.14-17)