Sources of administrative law and the raesons of its rapid growth
Sources of Administrative Law and Reasons for Its Rapid Growth
1. Introduction to Administrative Law
Administrative law governs the activities of administrative agencies of government, regulating how public authorities exercise their powers and interact with citizens. It ensures that executive actions are lawful, reasonable, and fair.
2. Sources of Administrative Law
Administrative law does not originate from a single codified source but is derived from multiple legal and practical frameworks. The main sources include:
A) Constitution
The Constitution is the supreme source, providing the framework for administrative powers.
It contains provisions on delegation of powers, fundamental rights (Article 21 - right to life and personal liberty), and writ jurisdiction (Articles 32 and 226).
It sets limits on administrative action and guarantees procedural fairness.
B) Legislation (Statutes)
Most administrative agencies derive their powers from enabling statutes passed by the legislature.
These laws specify the scope of powers, functions, and procedures for administrative action.
Statutes also create tribunals and other quasi-judicial bodies.
C) Delegated Legislation
Detailed rules, regulations, and by-laws made by administrative authorities under powers delegated by legislature.
These fill in the gaps left by statutes and govern day-to-day administrative matters.
D) Judicial Decisions (Case Law)
Courts interpret statutes and constitutional provisions to define administrative powers and remedies.
Judicial precedents develop doctrines such as natural justice, reasonableness, and legitimate expectation.
Judicial review is a key source, limiting administrative arbitrariness.
E) Custom and Usage
In some cases, consistent administrative practice can acquire the force of law.
Customs can guide administrative procedures and interpretations.
F) Executive Orders and Circulars
Administrative instructions, policy statements, and circulars guide agencies in implementing laws.
While not law themselves, they influence administrative practice and may affect rights.
G) Principles of Natural Justice
Though unwritten, natural justice (fair hearing, absence of bias) is a fundamental principle derived from common law and constitutional mandates.
3. Reasons for the Rapid Growth of Administrative Law
Administrative law has expanded rapidly due to:
1. Expansion of the Welfare State
Modern states undertake many functions related to health, education, social welfare, and economic regulation.
This expansion necessitates specialized administrative agencies with wide powers.
2. Complexity of Modern Governance
Technological advances and societal complexity require detailed and technical regulation.
Legislatures delegate powers to experts and agencies to handle these areas efficiently.
3. Increase in Delegated Legislation
To implement broad policy goals, legislatures increasingly rely on subordinate legislation.
This has led to more administrative rules and a larger administrative apparatus.
4. Demand for Accountability and Transparency
Public awareness and demand for good governance have compelled courts to scrutinize administrative actions closely.
Judicial review has expanded to ensure accountability and prevent abuse of power.
5. Growth of Quasi-Judicial Bodies and Tribunals
To reduce court burden and provide specialized dispute resolution, numerous tribunals have been created.
This has broadened the scope of administrative law.
6. Globalization and International Law
International treaties and EU law (in relevant countries) influence domestic administrative procedures and standards.
4. Key Case Laws Demonstrating the Growth and Sources of Administrative Law
1. A.K. Kraipak v. Union of India (1969) (India)
Facts: The case dealt with the appointment of members to a tribunal by the executive without a hearing.
Holding: The Supreme Court held that natural justice applies to administrative and quasi-judicial bodies.
Significance: This case affirmed that procedural fairness is a constitutional requirement, marking the growth of administrative law through judicial decisions.
2. Associated Provincial Picture Houses Ltd. v. Wednesbury Corporation (1948) (UK)
Facts: The case concerned the reasonableness of an administrative decision.
Holding: The Court introduced the concept of “Wednesbury unreasonableness” as a ground for judicial review.
Significance: Established the doctrine of reasonableness in administrative action, a core principle in administrative law.
3. L. Chandra Kumar v. Union of India (1997) (India)
Facts: Challenge to the ouster clauses that barred judicial review of tribunal decisions.
Holding: The Supreme Court held that judicial review is a basic feature of the Constitution and cannot be ousted.
Significance: Reinforced the judiciary’s role as a key source of administrative law and protector of individual rights.
4. R. v. Secretary of State for Home Department, ex parte Fire Brigades Union (1995) (UK)
Facts: The government failed to implement a statutory compensation scheme.
Holding: The court ruled the government acted unlawfully by not fulfilling its statutory obligations.
Significance: Demonstrated judicial enforcement of statutory duties and limits on executive discretion.
5. Maneka Gandhi v. Union of India (1978) (India)
Facts: The government impounded Maneka Gandhi’s passport without following a fair procedure.
Holding: The Court expanded the scope of Article 21 (right to life and personal liberty) to require due process and fairness.
Significance: Marked a major expansion of administrative law to protect fundamental rights.
5. Conclusion
Administrative law draws from a rich and diverse set of sources including the Constitution, statutes, delegated legislation, judicial decisions, and unwritten principles.
Its rapid growth is driven by the increasing complexity of governance, expansion of state functions, and a demand for accountability.
Judicial intervention has been pivotal in shaping the contours of administrative law, ensuring fairness, reasonableness, and legality in government actions.
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