Scope and Growth of Administrative Law in India

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Scope and Growth of Administrative Law

There is an unprecedented role of law in a democratic country, not only in the matter of maintaining law and order but also inthe development of society. Law determines fairness, reasonableness and justness in society. Administrative law is a significant branch of law that deals with the relationship of individuals with the government. According to eminent British Lawyer and Educator, Ivor Jennings, "administrative law related to the administration that determines the organization, powers and duties of administrative authorities". Administrative law implicates important political and social values, including democracy, fairness, and efficiency.

The 20th century witnessed asignificant development in administrative law. In this century, the philosophy, mechanism and ideology of the state have undergone a radical change. Today, the state is not merely a police state. Rather, for a progressive democratic state, it seeks to ensure social security and financial security for the common man, look after the health and morals of people, provide education to children, regulates industrial relations, exercises control over production manufacture and distribution of essential commodities starts many enterprises. All these developments have widened the scope and ambit of administrative law.

The Growth of Administrative Law in India

The following factors fuelled the growth of administrative law in India.

Inadequacy of Judiciary:

Loopholes in the Judiciary emphasized the growth of administrative law in India. The slow and sluggish judiciary was inadequate to settle all types of disputes. Therefore, quasi-judicial and quasi-legislative bodies are given impetus, to reduce the already existing load on the judiciary. In the old judiciary system, there was not any special law related to tax, labor laws, environment, etc. Hence the need for tribunal arose. Tribunals are constituted with experts in concerned subjects. Industrial tribunals, tax tribunals, labour courts, green courts, etc. are examples of tribunals.

Slow Pace and Inadequacy of Legislature:

Slow pace and inadequacy of legislature also emphasized the growth of administrative law. The members of the legislature were not only underskilled in the fields in which the legislation is being made but also, they were not able to handle ever-changing needs of society. Therefore, it was necessary to delegate some power to the administrative authorities.

Quick solution of complex problems:

Less practical and inefficient approaches of the traditional judiciary system was in sufficient to get a quick solution to the complex problems. There was the need for practical and functional approach to finding out quick solutions to complex problems, which emphasized the growth of administrative law in the country. Unlike the traditional judiciary system, administrative tribunals are not bound by the rule of evidence and procedures that enable them to find quick solutions to complex problems.

Indian legal firms have well-qualified and well-seasoned legal professionals offering high-quality administrative law services. They use their jurisdiction specific legal knowledge of government and the public sector to advise on the full range of dispute resolution and investigative processes, including judicial review, public inquiries, statutory appeals and tribunal processes, at the national and international levels.

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