Question:- Discuss the Nature and Scope of Administrative Law.

 Answer:- Nature and Scope of Administrative Law

Administrative law deals with the organization and powers of administrative authorities. The emphasis on the organization is only to the extent that it is necessary to understand the powers. Characteristics of actions, the procedure for the exercise of those powers and the control mechanism provided therein.

In simple words, administrative law is the science of powers of administrative authorities. The nature of their powers can be studied under three heads :

(1)             Legislative or Rule-making.

(2)             Judicial or Adjudicative.

(3)             Purely Executive.

Now the main consideration of administrative law is the control over the exercise of these powers. Prof. Wade rightly concludes:

“The organization, the methods, the powers (administrative, legislative or judicial) and the control by judicial authority of all public authorities is the ambit of administrative law in United Kingdom.”

According to Prof. K.C. Davis, “Administrative law as the term is used, is limited to law concerning powers, procedures of administrative agencies, including especially the law governing judicial review of administrative actions. It does not include the enormous mass of substantive law produced by the agencies much of which is beyond the understanding of lawyer as such.”

The scope of administrative law in India is very much similar to that of the United States. With the growth of the powers of administrative authorities, the question as to how to control these powers became very important. If the final and exclusive character of administrative action is not subjected to judicial control and legislative responsibility. It would run havoc in society and what Hewart described: “New despotism would prevail over. “

The key function of administrative law is to find the ways, in which the administration could be kept within limits, so that discretionary power may not become arbitrary powers. The task of administrative law is to reconcile, in the field of administrative action, democratic safeguard and standards of fair play with the effective conduct of Government.

Under the province of administrative law the following points are notable:

1. Various administrative bodies. – The existence of various administrative bodies such Wage-Board. Central Board of Direct Taxes, Commission of Inquiry and Advisory Boards, Tariff Commissions, etc.
2. Rule-making power of administrative agencies – i.e., delegated legislation; safeguards against abuse of power and judicial control. Here we reach the pith of administrative law i.e., power.
3.  Judicial function of administrative agencies – Administrative tribunals. – It includes administrative agencies like Claims Tribunal. Industrial Tribunal, the Income-tax Appellate Tribunal performing judicial functions. In this regard the jurisdiction of the Supreme Court and the High Court over them is also worth considering.
4. Remedies-  Various remedies, e.g. Mandamus, Certiorari, Prohibition, etc., are available to citizens to prevent excesses and abuse of power. Besides, there are certain equitable remedies such as declaration and injunction available against Government authorities for their misuse of powers.
5. Procedural guarantees. – Under it we find the tendency to judicialise administrative acts, to make sure that the fundamentals of proper procedure – openness, fairness and impartiality are observed. The concept of procedural guarantee also includes the rules of natural justice.
6. Government liability. – Tortious and contractual liability of Union and State Governments for the wrongs committed by their servants and agents.
7. Public Corporation. – Liability and legal responsibility of public corporations.

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Courtesy:- Dr. Deepak Miglani

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