MATS University

MATS Law School

Project on
Nature and Scope of Administrative

law

SUBMITTED TO

SUBMITTED

BY
Ms. Disha Atri

Pragati

Dewangan
Asst. Professor

B.A.LL.B
[1]

MATS Law School

4th Semester

MATS University

MU12BALLB10
ACKNOWLEDGEMENT

We, hereby, want you to know that we thank our college MATS LAW SCHOOL for
providing us with intellectual and co-operative faculty for Legal method (Ms. Disha Atri) who
allotted us the project topic: Nature and Scope of Administrative law and gave us the
opportunity to research on the topic and gain knowledge and command over it.
we would also like to thank our Director sir Dr. G.P. Tripathi for providing very informative,
full of knowledge and great variety of books in the college library, at the same time we would
like to thank the librarian Mr. Anil Dewangan to allow us to the refer the books and spend
ample of time in the library. Nature and Scope of Administrative law on which proved to be a
boon for us and our project helped us a lot in understanding the basics of the topic.
Next, we convey our sincere thanks and gratitude to my friends and family for rendering
constructive and valuable suggestions and comments that have helped a lot in improving the
quality and content of the project and also helped us for completing the project in limited time
frame.

Thank You
Pragati Dewangan
IV SEMESTER

[2]

DECLARATION

We are here to present project work entitled Nature and Scope of Administrative law
submitted to the MATS University is the original work done by us under the guidance of Ms.
Disha, MATS Law School, Gullu, Arang, and this project has not performed the basis for the
award of any Degree or diploma and similar project if any. Its for our personal interest and
knowledge.
Pragati Dewangan
B.A.LL.B
Semester
4TH

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TABLE OF CONTENTS
S.NO TOPIC

PG.NO.

.
1
2
3
4
5
6
7

5
5
6
7
7
8
9

Introduction
Definition by different Authors
Scope
Significance
Reason for Growth
Diecy on Administrative law
Conclusion

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INTRODUCTION:Administrative law is the body of law that governs the activities of administrative agencies of
the government which comprise of rule making or legislation(when delegated to them by the
Legislature as and when the need be),adjudication(to pronounce decisions while giving
judgements

on

certain

matters),implementation/enforcement

of

public

policy.

DEFINITION BY DIFFERENT AUTHORS:L D White observes, Public Administration consist of all those operations having for their
purpose the fulfilment or enforcement of public policy.
Pliffner defines It would seem that Public Administration consists of getting the work of
government done by co-ordinating the efforts of the people so that they can work together to
accomplish their set tasks.
Prof: Woodrow Wilson defined Public Administration as detailed and systematic execution of
public law; every particular application of general law is an act of administration.
Luther Gullick Public Administration is that part of the science of administration which has to
do with Government and thus concerns itself primarily with the executive branch where the
work of the government is done.
Dwight Waldo, defines Public Administration as the art and science of management as applied
to

the

affairs

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of

state

SCOPE OF ADMINISTRATIVE LAW:

Administrative law determines the organization, powers and duties of administrative
authorities. The emphasis of Administrative Law is on procedures for formal adjudication based
on
The
a)

the
concept
Power

principles
of

of

Natural

Administrative
is

conferred

Law

is
on

Justice

and

founded

on

the

for
the

rule

making.

following

principles:

administration

by

law

b) No power is absolute or uncontrolled howsoever broad the nature of the same might be.
c) There should be reasonable restrictions on exercise of such powers depending on the
situation.
Though administrative law is as old as administration itself since they cannot exist separately,in
India the early signs/existence of administrative law could be found in the treatises written
during the reign of the Mauryas,Guptas,Mughals as well as East India Company(modern
administrative

law).

It is based on the concept of rule of law that supports Natural Justice (to adjudicate based on
impartiality,unjustness and the prescribed laws and legal methods instead of arbitrariness and
abuse of official power on the part of govt. while serving the people and deciding cases brought
before its Tribunals,etc. Natural justice is basically applied in cases where there are no laws
prescribed,here the individual has to be given an opportunity to be heard and the judgement is
to be taken into consideration the particular facts and cases of the case and the judgement
should be free from bias). It is to prevent violation of people's rights by officials in power.
Administrative law specifies the rights and liabilities of private individuals in their dealings
with public officials and also specifies the procedures by which those rights and liabilities can
be enforced by those private individuals. It provides accountability and responsibility in the
administrative functioning. Also there are specified laws and rules and regulations that guide

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and direct the internal administration relations like hierarchy,division of labour,etc.

SIGNIFICANCE:

It is very significant because if it did not exist then the very concept of having a democracy and
a government to work for the people would be self defeating because then there would be no
responsibility or accountability of the public officials to anybody and the administration would
run arbitrarily thus creating a huge monster that would eat up the very system. There would be
an upset in the balance in areas such as police law, international trade, manufacturing,
environmental,

taxation,

broadcasting,

immigration,

and

transportation,etc.

REASON FOR GROWTH

1) Rise in complexity warranted handling of variable by the state authorities in order to provide
functioning in that area with necessary certainty and prescriptions.
2) Industrial revolution that resulted in the coming up of cities and new types of economic
transactions necessitated handling of affairs by govt in order to facilitate production,supply and
exchange of products and services.
3) Technological inventions and the increasing specialization has called for the increased need
of specialised handling of affairs by govt officials.
4) To allow necessary flexibility in the administrative system so that the challenges arising due
to social and economic factors could be addressed more adequately and efficiently.
5) To allow experimentation in order to ensure the application of best fit model in a given
circumstance
6) To allow participation of people in the administrative functioning to provide the necessary
authority to the administrative officials so that they can address the challenges arising due to
extraordinary circumstances or emergency situations.
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DICEY ON ADMINISTRATIVE LAW:

Dicey supported Rule Of Law where everybody in a State everybody shall be subjected to some
common law and no official irrespective of his status and authority shall be kept outside the
purview of Rule Of Law. Thus,he rejected the idea of Administrative Law that was akin to Droit
Administratif or that which was being practised in France and other European countries where
there are seperate rules for administrative officials as he believed that such an arrangement
would lead to a perpetual risk of excessive application of authority with people having no
window to their grievance redressal.
The reason for this is that while analysing the concept of Administrative Law Dicey was always
thinking of French administrative law/rights system/Le Droit Admanistratif that existed under
Napoleon's Bonaparte's rule.
Droit Adminstratif practised the system of:
a) One rule for regulating the behaviour of individuals of society and one rule for regulating the
members of State and administration.
b) One court for members and individuals of the society and their private aspects and another
court for members of State and administration which is the administrative Court/Tribunals and
the apex of this court will be the Council D'Etat(very small division of the country in to
administrative divisions that are smaller than even counties). These are distinct and not
overlapping neither are superior or inferior to each other. They are equals. In case they ever
overlap then the final decision will be taken by a special court constituted for this purpose.
This was done so that administrative and State officials have more autonomy in dealing with
situations and contingencies that arise in execution of administrative duties and which would
not be easily understood by the normal law and courts.

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Thus,Dicey believed that there should not be such a separation where there is one law that
governs the administrative and political officials( Administrative Law) and one that governs
society and its people(civil and criminal law) and advocated the rule of law as prevalent in UK
where everybody was equal in the eyes of law and only one common law governed each and
every individual. But,he was heavily criticised for this later as he did not take into account that
even the Crown in UK was immune from civil and criminal proceedings,thus,there was no rule
of law or equality here. Also he is criticised for not taking into account the future issues that
would arrive in administration due to modernisation and complexity like delegated
legislation,etc. Delegated legislation was very much a part of UK administrative setup as well
as the system of administrative adjudication through tribunals that was contrary to Dicey's rule
of law stating only one law making body which is the legislature and it being applied
everywhere universally and interpreted by the judicial courts as and when required for each and
every one. So,therefore UK was practising administrative law already.
Marx also criticised Dicey's rule of law concept by saying that it promotes inequality instead of
equality because if you treat underprivileged and poor equally with rich then there is going to
be a huge disparity that will only expand with time.
Modern day concept of rule of law has been given a very broad meaning by providing
opportunities to unequal people in order to equal themselves with the others like reservation,etc.
Law is created by the legislature or other legal institutions and is not to differentiate but enable
unequals to become equals and the last word on the law would be that of the Independent
judiciary.

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Conclusion
Administrative law is the bye-product of the growing socio-economic functions of the State and
the increased powers of the government. Administrative law has become very necessary in the
developed society, the relationship of the administrative authorities and the people have become
very complex. In order to regulate these complex, relations, some law is necessary, which may
bring about regularity certainty and may check at the same time the misuse of powers vested in
theadministration.

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Bibliography:
www.Scribd.com
www.manupatra.com
www.indiankanoon.com
Administrative law (S.R Myneni)

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