What is Administrative Law 

       Administrative law refers to the body of laws, procedures and legal institutions affecting government agencies as they implement legislation and administer public programs. As such, the scope of administrative law sweeps broadly. In most countries, bureaucratic agencies make up the largest part of the governmental sector and generate most of the decisions having a direct impact on citizens' lives.

Definition of Administrative Law -

        Many eminent jurists have made attempt to define Administrative law -  some important definitions of Administrative law are as follows - 
 According to KC Devis, "Administrative law is the law concerning the powers and procedure of Administrative Agencies including especially in the law governing Judicial review of Administrative action".
 According to Garner, "administrative law may be described as those rules which are recognized by the Courts as law and which relate to regulate the administration of government.

Importance and Need of Administrative Law - 

        Power must be exercised within the limits drawn by the law. it is, therefore, the branch of law known as administrative law. A dramatic government must be equipped with enough powers to discharge its function effectively to which has to be accountable to the people who have elected it.
        Administrative laws determine the organization, powers, and duties of administrative authorities .according to wade ‘the law related to control of governmental powers which keeps the powers which keeps the powers within their legal bounds so a to protect the citizen against the abuse.

Thus Administrative law is the media of balancing the function of the state its utility and purpose are briefed as under :

1. What sort of power does the administration exercise
2. what are the limits of such powers.
3.what procedure dose it has to follow in the exercise of the above powers.
4.what are the ways in which the administration is kept within the above limits.
5.what remedies are available to the individual against the legal actions of the administration
       But the law does not go into the examination of powers and contents of those powers. The law inquiries as to how rules and regulations are made by the subordinate law making authority .how lawmaking authority is controlled by courts as well as the legislature, how subordinate legislation may be democratized by requiring consultation with affected interests. adequate publicity etc. 

The powers of administrative authorities are the following -
When an administrative agency is created, it is delegated certain powers.
a) Legislative/ Rulemaking powers
b) Executive powers
c) Judicial powers / Adjudicative Powers
If an administrative agency acts outside the scope of its delegated powers, it is an unconstitutional act.

See also...


Post a Comment

See Also..