Meaning, Definition, Nature and Scope of Administrative Law

Meaning, Definition, Nature and Scope of Administrative Law

Author:-Punam Pramanick, a BALLB student of Department of Law, University of Calcutta 

Meaning of Administrative Law: 

• Administrative law is the body of law that governs the activities of administrative agencies of government. Government agency action can include rule making, adjudication, or the enforcement of a specific regulatory agenda.

• Administrative Law is the law governing the organization, procedure, powers and duties of the Executive of the Constitution and not the Judiciary or Legislature

• Administrative law is considered a branch of public law. Public law regulates the relationship between state and individual. Whereas private law regulates the relationship between two individuals. 

Definition of Administrative Law:- 

Sir Ivor Jennings – Administrative law is the law relating to the administration. It determines the organization, powers, and duties of administrative authorities.

Dicey – Administrative Law is that portion of a nation’s legal system which determines the legal status and liabilities of all state officials and defines the rights and liabilities of private individuals in their dealing with public officials.

Wade – Administrative law is concerned with the operation and control of the powers of administrative authority.

K.C. Davis – Administrative law is the law concerning the powers and procedures of administrative agencies, including especially the law governing judicial review of administrative action.

Nature and Scope of Administrative Law:

Administrative law is concerned with the operation and control of administration, with emphasis on function rather than on structure. It deals with administrative process and its control. Due to various reasons, the administrative process has come to stay in all progressive societies, particularly in a welfare state, where many schemes for the progress of society are prepared and administered by the government.

1. Pervasive legal discipline:-Viewed against this perspective, administrative law becomes all pervasive legal discipline. This is so because principles of administrative law emerge and develop whenever and wherever any person becomes the victim of arbitrary exercise of public power. And the allegations of arbitrary exercise of power can be raised in almost all areas of substantive law. Therefore, it will not be incorrect to say that none can specialise in administrative Law.

2. Law in realist’s sense:-Administrative Law is law but it is not a law in the lawyer’s sense like property law or contract law. It is a law in the realist’s sense of term which includes statute law, administrative rule making, precedents, customs and administrative directions. It also includes the study of something which may not be termed ‘Law’ in the true sense of the term such as administrative circulars, policy statements, memoranda and resolutions.

3. Knowledge of administrative law:- The administrative law has growing importance and interest and it is the most outstanding phenomenon in the welfare state of today.

4. Official actions:-Administrative law is primarily concerned with official actions and procedure by which official action is reached. 

5. Available remedies:- Administrative law provides the remedies to a person in case of violation of his rights by the administrative authorities.

6. Use of arbitrary power:- Administrative law emerges and develops whenever and wherever any person becomes the victim of the arbitrary exercise of public power.