Theoretical Framework

In Law and Administration (1984), Carol Harlow & Richard Rawlings famously classified competing philosophies of administrative law into Red Light, Green Light and later Amber Light theories.

Red Light Theory

• Core idea: Administrative power is a potential danger to individual liberty; the proper role of administrative law is to control and restrain it.
• Emphasises external control through strict judicial review by the ordinary courts.
• Associated with Dicey and the common-law tradition.
• Views administrative law as a brake on administration.
• Favours the Rule of Law conception of equality before the ordinary law.

Green Light Theory

• Core idea: Administrative power is a positive instrument of social welfare; administrative law should facilitate good administration.
• Emphasises internal mechanisms, political accountability and good procedures.
• Judicial review is a last resort.
• Associated with the welfare-State tradition, Fabianism, Jennings & Robson.
• Views administrative law as a catalyst of good governance.

Amber Light Theory

• Modern intermediate position — recognises both control and facilitation.
• Emphasises procedural fairness, participation, transparency.
• Judicial review is a partner rather than an obstacle.

Comparison Table

Position in India

Indian administrative law has oscillated between the two. The post-independence welfare-State era (1950s–70s) was predominantly green-light. The emergency period and its aftermath (post-1977, with Maneka Gandhi) brought red-light sensibilities. Modern India combines both — expansive judicial review (red) with recognition of administrative expertise (green) — essentially an amber-light approach.