Evolution Of Adminstrative Law

The most significant and outstanding feature of 20^th century is rapid growth of administrative law. Administrative law is the body of law which deals with the powers of executive or administrative organs of the state. Administrative law means the act of administering or management.

Body of law created by administrative agencies in the form of rules, regulations, orders, decisions to carry out regulatory powers and duties of such agencies

"Administrative law is the law relating to control of governmental power." "Administrative law is the law concerning the powers and procedures of administrative agencies, including special laws governing judicial review of administrative actions." The purpose of administrative law is to find out the way in which administrative authorities could be kept within their limits. The principle of administrative law is Natural Justice

The tasks of administrative law are To control and operation over executive authorities. Check’s and balances over the administrative authorities.To ensure that government’s power are exercised according to law on proper legal principles. Following factors are responsible for the rapid growth of administrative law.   Inadequacy of judicial system to settle disputes. Judicial system proved inadequate to decide and settle all disputes. It was slow, costly, inexpert, complex.

          Inadequacy of legislative process: The legislative process was also inadequate. It had no time and technique to deal with all details, therefore, it felt necessary to delegate some power to administrative authorities.    Less technical Administrative law unlike legislation can be altered or modified within short period, if it is found defective.      

  Legislation is rigid in character while administrative process in flexible.  Establishment of industrial and labour court: Judicial system was slow, costly, inexpert, complex, therefore, for techniques and expertise to handle these complex problems.  Preventive measures to enforce law:

Administrative authorities can take preventive measures unlike regular court of law. They have not to wait for parties to come before them with disputes.   Administrative law represents functional approach rather than a theoretical and legalistic approach. Administrative authorities can avoid technicalities it is not possible for courts to decide cases without formality and technicality. 

Administrative law grew with the advent of concept of welfare state.  Administrative law developed because of effective control over administrative units. Accountability of administrative organs played a role in the growth and development administrative law.

Today there is a demand by people that government must solve their problems rather than merely define their rights. The phenomenal growth in science and technology in the 21^st century has placed a counter balancing responsibility on a government to control. Administrative tribunals do their work more rapidly more cheaply more effectively than ordinary courts. There is a radical change in the philosophical as to role played by the state therefore development of administrative process and administrative law has become the cornerstone of modern political philosophy.

 Administrative tribunals are not bound by the rules of evidence and procedure and they can take practical view of matter.It is also a factor of growth and development administrative law. The importance of administrative law is              To ensure legal control of administrative power    To provide protection against abuse of such powers