Origin and Development of Administrative Law in UK, USA and India
Origin and Development of Administrative Law in UK, USA, and India with Case Law
I. Administrative Law: Overview
Administrative Law governs the activities of administrative agencies of government. It ensures that these agencies act within their powers, follow fair procedures, and respect individuals' rights.
II. Origin and Development of Administrative Law in the UK
Origin
Administrative law in the UK developed from the traditional common law and the doctrine of separation of powers.
Initially, English courts exercised judicial control over the Crown’s prerogative powers.
The rise of government departments and administrative agencies in the 19th century necessitated a body of law regulating administrative action.
Administrative law grew around the principle of legality, natural justice, and judicial review.
Key Features
Focus on judicial review to supervise administrative decisions.
Application of Wednesbury unreasonableness (standard for reviewing administrative decisions).
Landmark Cases
1. Council of Civil Service Unions v. Minister for the Civil Service (1985) AC 374 (GCHQ Case)
Facts: Government prohibited trade union membership at the Government Communications Headquarters without consultation.
Judgment: The House of Lords held that certain prerogative powers are subject to judicial review.
Significance: Established that even government prerogative powers are reviewable if they affect individual rights; confirmed grounds of judicial review like illegality, irrationality, and procedural impropriety.
2. Associated Provincial Picture Houses Ltd v. Wednesbury Corporation (1948) 1 KB 223
Facts: The Wednesbury Corporation imposed conditions on a cinema license.
Judgment: The Court held that administrative decisions are only liable to be quashed if they are “so unreasonable that no reasonable authority would ever consider them.”
Significance: Established the standard of “Wednesbury unreasonableness” for judicial review.
3. R v. Secretary of State for the Home Department, ex parte Doody (1994) 1 AC 531
Facts: Prisoners claimed they had a right to be heard before the Home Secretary made decisions about their release.
Judgment: The House of Lords held that fairness and natural justice require that affected persons be given reasons and opportunity to respond.
Significance: Developed the procedural fairness principle in administrative decisions.
III. Origin and Development of Administrative Law in the USA
Origin
Administrative law in the USA evolved with the rise of the administrative state in the early 20th century.
The delegation doctrine allowed Congress to delegate powers to agencies.
The Administrative Procedure Act (APA) of 1946 codified procedures for rulemaking, adjudication, and judicial review.
Courts developed doctrines balancing agency expertise and protection of individual rights.
Key Features
Strong emphasis on due process (Fifth and Fourteenth Amendments).
Judicial review for arbitrariness and procedural compliance.
Rulemaking and adjudicatory functions regulated by statute.
Landmark Cases
1. Chevron U.S.A., Inc. v. Natural Resources Defense Council, Inc. (1984) 467 U.S. 837
Facts: Dispute over interpretation of “stationary source” in Clean Air Act.
Judgment: The Supreme Court held that courts must defer to a reasonable agency interpretation of ambiguous statutes.
Significance: Established the “Chevron deference,” giving agencies leeway in interpreting statutes.
2. Goldberg v. Kelly (1970) 397 U.S. 254
Facts: Welfare recipients challenged termination of benefits without hearing.
Judgment: The Court ruled that due process requires an evidentiary hearing before termination.
Significance: Strengthened procedural safeguards in administrative decisions affecting rights.
3. Massachusetts v. Environmental Protection Agency (2007) 549 U.S. 497
Facts: EPA denied petitions to regulate greenhouse gases.
Judgment: The Court held EPA has authority to regulate under the Clean Air Act and must consider scientific evidence.
Significance: Reinforced agency accountability and judicial review over administrative inaction.
IV. Origin and Development of Administrative Law in India
Origin
Administrative law in India is derived from English common law principles due to colonial history.
The Constitution of India (1950) provides a framework for administrative action and judicial review.
Article 14 (Equality), Article 21 (Life and Liberty), and Article 32/226 (Right to Constitutional Remedies) empower courts to review administrative decisions.
Statutes like the Administrative Tribunals Act, Right to Information Act, and sector-specific laws codify administrative procedures.
Growth of tribunals and courts to oversee administrative action.
Key Features
Judicial review is extensive and protects fundamental rights.
Emphasis on rule of law, natural justice, and reasonableness.
Codification through statutes and case law.
Landmark Cases
1. A.K. Kraipak v. Union of India (1969) 2 SCC 262
Facts: Discretionary power exercised in appointing members to the Selection Board.
Judgment: The Supreme Court held that discretion in administrative action is subject to judicial review and must be exercised fairly.
Significance: Introduced principles limiting administrative discretion and enforcing natural justice.
2. Maneka Gandhi v. Union of India (1978) 1 SCC 248
Facts: Maneka Gandhi’s passport was impounded without proper hearing.
Judgment: Expanded the scope of Article 21 to include fairness in administrative actions.
Significance: Due process principles were read into Indian law, broadening judicial review.
3. Ramana Dayaram Shetty v. International Airport Authority of India (1979) 3 SCC 489
Facts: Discretionary power exercised in awarding contracts without transparency.
Judgment: The Court held that administrative decisions must be made fairly, not arbitrarily.
Significance: Reinforced transparency and reasonableness in administrative actions.
4. Kesavananda Bharati v. State of Kerala (1973) 4 SCC 225
Facts: Challenge to constitutional amendments affecting administrative powers.
Judgment: The Court ruled that the basic structure doctrine limits Parliament’s power to amend the Constitution, protecting administrative law principles.
Significance: Protected the supremacy of constitutional principles over administrative actions.
V. Comparative Summary
| Aspect | UK | USA | India |
|---|---|---|---|
| Origin | Common law and Crown prerogative | Administrative state growth + APA 1946 | British colonial law + Constitution |
| Judicial Review | Developed through common law, Wednesbury test | Statutory basis under APA, Chevron deference | Extensive constitutional basis (Articles 14, 21, 32, 226) |
| Procedural Safeguards | Natural justice, procedural fairness | Due process (5th & 14th Amendments) | Natural justice, due process under Article 21 |
| Administrative Agencies | Courts supervise, but agencies have limited autonomy | Agencies have significant powers, with judicial deference | Mix of tribunals and courts; strong judicial oversight |
| Key Doctrines | Wednesbury unreasonableness, illegality | Chevron deference, arbitrary & capricious | Rule of law, fairness, reasonableness, basic structure |
VI. Conclusion
The development of administrative law in the UK, USA, and India reflects each country's constitutional and political context. While the UK emphasizes common law controls and Wednesbury unreasonableness, the USA relies on statutory frameworks and judicial deference to agencies. India combines British common law heritage with a strong constitutional framework to ensure fairness, accountability, and protection of fundamental rights.
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