Answer:-Administrative
law is the most growing and important subject because it is basically a judge
made law and the judges have been changing their position very often. This
factor is responsible for making administrative law a subject of growing
importance and interest.
During the last
hundreds years, the conception of proper sphere of governmental activity has
been completely transformed. Instead of confining itself to defence, public
order and criminal law and few general matters, the modern State has assumed
the role of social welfare State. It has undertaken elaborate social services
and the regulation of much of the daily business of mankind. The eighteen
century individualism has gone out. Locke’s emphasis on the doctrine of
‘Laissez faire’ no longer remains a governing formula today, the activities of
State are neither mere regulatory, nor the maintenance of the law and order
within, and defence of State from foreign attack, are the only functions of the
State.
Heavy
industrialization, concentration of large section of population in over-crowed
cities created problems of housing, disease, smoke, insecurity of life, that
could not be ignored the administration had to intervene in the interest of
public safety and health, since State assumed the role of a material State. The
multifarious activities of the State extended to social problems of man such as
health, education, employment, old age pensions, production, control and
distribution of essential commodities and other operations of public utilities
brought a change in the role of administration. Modernization of the present
society has given rise to new types of social and economic offences like
concentration of wealth, adulteration, smuggling, tax evasion, labour problems,
and unhealthy commercial practices. To meet these requirements administration
has to be armed with legislative and judicial functions, because for
Legislature it was practically impossible to work out details to every
legislation with aptitude. It could only afford to lay down broad policies,
regulations, guiding principles and procedure to be followed by the executive
to work out its details.
The technical
nature of disputes gave rise to adjudicatory power to administrative agencies.
The industrial tribunals adjudicatory bodies, income-tax appellate tribunals
and others exhibit how it became inevitable to entrust upon administrative
agencies the task of judiciary. This all clearly shows a tremendous growth in
powers of administration.
The Law Commission
it its 14th Report has traced the causes of the growth of
administrative law in these words ; “Society in the 20th century has
become exceedingly complex and governmental functions have multiplied. The
change in the scope and character of the Government from negative to positive,
that is, from the ‘laissez faire’ to the public service state, has resulted in
the concentration of considerable power in the hands of the executive branch of
Government. The direct result of this has been the growth of administrative
law.
Arming the
administration with such vital functions required some reasonable checks and
control over their exercise, because in absence of a check, there is constant
danger of its assuming the role of dictator or what Allen described as
Bureaucracy triumphant. The administrative law tries to prevent things going to
such limit. Griffith, in his book ‘Principles of Administration Law’, says,
“Without the control on the administration essential balance between individual
liberty and public good is impossible.”
In simple words,
the reason behind the growing importance of administrative law is the
assumption by the administrative authorities of very wide powers including
legislative and judicial which was the result of the growth of social welfare
State. Since administrative law is primarily concerned with the control over
the exercise of their powers, i.e. , to prevent administrative authorities from
abuse and misuse of powers, hence it has become a subject of growing interest.
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Courtesy:- Dr.
Deepak Miglani
For any query:-
legalbuddy@gmail.com
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