Q2(4)6 MarksReasons for the Growth of Administrative Law.
Introduction
Modern Administrative Law is largely a 20th-century phenomenon. Prof. H.W.R. Wade and Prof. S.A. de Smith trace its rapid growth to the transformation of the State from a “laissez-faire” State to a welfare / regulatory State.
Principal Reasons
- Change in the Concept of State — from a police State to a welfare State; the State now undertakes economic planning, social security, education, health and distributive justice.
- Industrial Revolution and Urbanisation — necessitated regulation of factories, labour, transport, housing and public utilities.
- Inadequacy of Judicial System — ordinary courts are slow, expensive and ill-equipped for mass adjudication; hence specialised tribunals.
- Inadequacy of Legislative Procedure — Parliament has limited time & expertise; broad standards + delegated legislation become necessary.
- Technical & Scientific Complexity — areas like telecom, atomic energy, environment, aviation, medicines require expert administration.
- Need for Flexibility & Experimentation — subordinate legislation can be modified quickly.
- Preventive Justice — licensing, inspection and planning permissions prevent harm before it occurs.
- War & Emergencies — two World Wars and recent public-health emergencies accelerated executive rule-making.
- Rise of Public Services and Public Corporations — railways, airlines, insurance, oil, banking, etc.
- Human Rights & Social Justice — implementation of fundamental rights and DPSP demands active administration.
Conclusion
Administrative law has grown as the inevitable concomitant of the welfare State. The challenge is to combine administrative efficiency with the Rule of Law and individual liberty — a task performed through principles of natural justice, judicial review and parliamentary control.
