Meaning

Administrative Law is that branch of public law which deals with the organisation, powers, duties and functions of administrative authorities, the procedure they must follow, and the remedies available to persons whose rights are affected by administrative action. It regulates the relationship between the citizen and the State in its administrative capacity.

Nature

• Branch of Public Law — governs the exercise of public power.
• Judge-made in origin but increasingly supplemented by statute.
• Dynamic and evolving — reflects the changing role of the State.
• Interdisciplinary — interacts with constitutional law, political theory and public administration.

Scope

1. Organisation and composition of administrative authorities.
2. Powers (legislative, judicial, quasi-judicial, discretionary).
3. Duties and functions.
4. Procedure to be followed — natural justice, reasoned orders.
5. Delegated legislation.
6. Judicial review of administrative action — grounds & remedies.
7. Liability of the State in tort and contract.
8. Public corporations, tribunals, services.
9. Mechanisms of accountability — Lokpal, CVC, RTI, PIL.

Reasons for the Growth of Administrative Law

1. Transformation from laissez-faire to Welfare State — the State now undertakes economic planning, social security, education, health, redistributive justice.
2. Industrial Revolution and Urbanisation — necessitated regulation of factories, labour, transport, housing, public utilities.
3. Inadequacy of Judicial System — ordinary courts are slow, expensive and ill-equipped for mass adjudication — hence specialised tribunals.
4. Inadequacy of Legislative Procedure — Parliament has limited time and expertise; broad standards + delegated legislation become necessary.
5. Technical & Scientific Complexity — telecom, atomic energy, environment, aviation, medicines require expert administration.
6. Need for Flexibility & Experimentation — subordinate legislation can be modified quickly.
7. Preventive Justice — licensing, inspection, planning permissions prevent harm before it occurs.
8. Wars & Emergencies — the two World Wars and public-health emergencies accelerated executive rule-making.
9. Rise of Public Services and Public Corporations — railways, airlines, insurance, oil, banking, etc.
10. Human Rights & Social Justice — implementation of FR and DPSP demands active administration.