Nature, Scope and Importance of Administrative Law Sharique Arbaz Administrative Law Wed, Jun 21, 2023, at ,12:28 PM Introduction Administrative law is a branch of law referred to as a subfield of public law, the body of law that governs how citizens and the state interact and involves the exercise of state authority. Thus, it is covered by the laws governing public administration. In all spheres of social and economic life where public programmes are active, including immigration, social welfare, defence, and economic regulation, public administration is the daily execution of public policies and public programmes.Administrative law is the body of legislation that regulates how governmental administrative agencies conduct their business. Rulemaking, adjudication, or the enforcement of a certain regulatory agenda are all examples of government agency activity.Administrative law is an area of public law. In areas like police law, international trade, manufacturing, the environment, taxation, broadcasting, immigration, and transportation, administrative law deals with the decision-making of administrative units of government like tribunals, boards, or commissioners involved in a national regulatory framework. The twentieth century saw a significant expansion of administrative law as legislative bodies all over the world established more governmental organisations to control the social, economic, and political domains of human interaction.Meaning Of Administrative LawThe field of administrative law deals with the authority, responsibility, and obligations of various governmental authorities. The term "administrative law" has several multiple definitions according to different theorists, some of which are listed below: KC DAVIS, according to him administrative law is the law relating to the powers and procedures of administrative bodies, particularly the right to judicial review of administrative acts. The branch of law known as administrative law regulates how the state executive interacts with the private sector when it serves as an administrative body.. IVOR JENNINGS, he has defined administrative law as the law of administration. It defines the structure, authority, and duties of the administrative bodies. GARNER, he defined administrative law as the rules which a court recognizes as equivalent to law and which are concerned with the government’s administration. Nature of Administrative LawAdministrative law covers the structure and powers of administrative and quasi-administrative agencies. Only to the extent that it is required given the powers, features of actions, processes for using those powers, and control mechanisms established therein, is this emphasis on organisational study necessary. As a result, the research includes more than just administrative agencies. By analysing its main traits and tenets, administrative law can be understood for what it is: Public Law: Administrative law is a branch of public law that governs the relationship between the government and individuals or entities subject to administrative regulations. It focuses on the exercise of public power by administrative agencies and aims to ensure that such power is used lawfully and in the public interest. Delegation of Authority: It involves the delegation of legislative power by the legislature to administrative agencies. These agencies are granted the authority to make rules, regulations, and decisions within their specified areas of responsibility. The delegation of authority allows for specialized expertise and flexibility in the administration and implementation of laws. Rule-Making and Adjudicatory Functions: Administrative agencies have both rule-making and adjudicatory functions. They create regulations and policies that govern the conduct of individuals and businesses, and they also make decisions in specific cases, such as granting licenses, issuing permits, or resolving disputes. Judicial Review: One of the defining features of administrative law is judicial review. It allows individuals or entities to challenge administrative decisions in court, seeking review of the legality, reasonableness, or procedural fairness of those decisions. Procedural Fairness: Administrative law emphasizes the importance of procedural fairness in administrative decision-making. This includes principles such as the right to notice, the right to be heard, the right to an impartial decision-maker, and the right to reasons for decisions. Procedural fairness protects the rights of individuals and ensures that administrative agencies make informed and just decisions. Public Accountability: Administrative law promotes public accountability by requiring administrative agencies to be transparent in their decision-making processes and accountable for their actions. It provides mechanisms for public scrutiny, such as access to information and the right to appeal or seek review of administrative decisions. Scope of Administrative LawThe scope of administrative law is broad and encompasses various aspects of government administration. It governs the actions and decisions of administrative agencies, as well as the relationship between these agencies and individuals or entities affected by their actions. The scope of administrative law includes the following key areas: Administrative Agencies: Administrative law covers the establishment, powers, functions, and operations of administrative agencies at all levels of government. These agencies can include executive departments, regulatory bodies, commissions, boards, and tribunals. Administrative law sets out the legal framework within which these agencies operate and defines their authority and responsibilities. Rule-Making: Administrative law regulates the process of rule-making by administrative agencies. It governs how agencies formulate, adopt, and enforce rules and regulations that have the force of law. This includes procedural requirements for public notice, comment, and hearing, as well as the principles of reasonableness and fairness in rule-making. Adjudication: Administrative law governs the adjudicatory functions of administrative agencies. It establishes the procedures and standards for agency hearings, decision-making, and the resolution of disputes. Administrative law ensures that administrative agencies act impartially, afford due process to parties involved, and provide reasoned decisions based on evidence and applicable law. Administrative Procedure: Administrative law governs the procedures followed by administrative agencies in their interactions with the public. This includes rules for notice and publication of proposed actions, opportunities for public participation, and requirements for transparency and accountability. Administrative law also addresses issues such as access to information, confidentiality, and administrative appeals. Enforcement and Remedies: Administrative law covers the enforcement of administrative decisions and the availability of remedies for individuals affected by administrative actions. It establishes the powers of administrative agencies to enforce compliance with their regulations and orders, as well as the rights of individuals to challenge or seek redress for adverse administrative decisions. Constitutional Principles: Administrative law operates within the framework of constitutional principles. It ensures that administrative actions are consistent with constitutional rights and safeguards, such as the protection of fundamental rights, separation of powers, due process, and equality before the law. The scope of administrative law is dynamic and evolving, responding to the changing needs of society and the complexity of government administration. It plays a crucial role in balancing the exercise of public power, protecting individual rights, promoting transparency and accountability, and ensuring the effective and fair functioning of administrative agencies.Important Case Laws dealing with Nature and Scope of Administrative Law State of Punjab v. Ram Jawaya Kapoor, 1955 Whether the petitioner's fundamental rights were violated or infringed upon, and how much executive power is there?The Supreme Court ruled that neither Art. 19(1)(c) nor 19(1)(g) had been violated by the government's action.• The separation of powers in accordance with Article 77/162.• Motilal vs the State of UP.• Executive authority refers to the remaining elements of governmental operation after legislative and other responsibilities have been eliminated. Asif Hameed v. J&K 1989 Does the High Court have the authority to order the State Government to establish a "statutory body" to make admissions? The court cited the Shimla, AIR 1985 3 SCC 1669 case, State of HP v. A Parent of a Medical College Student. The Court is not an appellate authority when it is exercising its judicial review authority over administrative action. The Constitution restricts the Court from instructing or advising the executive in matters of policy or from preaching about any issue that, according to the Constitution, belongs in the purview of the legislature or executive, provided that these authorities do not go beyond their statutory or constitutional authority limits. Judicial review is an essential instrument Separation of powers is not one that must be adhered to rigidly. Importance of Administrative Law Protection of Rights: Administrative law safeguards individual rights and liberties by imposing constraints on administrative agencies. It ensures that agencies do not exceed their statutory authority, violate constitutional rights, or engage in arbitrary or discriminatory actions. Accountability and Transparency: Administrative law promotes administrative accountability and transparency. It requires agencies to follow procedural fairness, provide reasons for their decisions, disclose information, and allow affected parties to participate in decision-making processes. This helps prevent abuse of power and enhances public trust in government. Regulatory Framework: Administrative law establishes the legal framework for regulatory agencies. It enables these agencies to develop and enforce regulations to protect public health, safety, environment, consumer rights, and economic interests. Regulatory agencies play a crucial role in balancing competing interests and ensuring the smooth functioning of various sectors of society. Dispute Resolution: Administrative law provides mechanisms for resolving disputes between individuals and administrative agencies. Administrative tribunals and specialized courts hear and decide cases involving administrative matters, offering an efficient and accessible avenue for redressal. Flexibility and Expertise: Administrative law recognizes the need for specialized knowledge and expertise in decision-making processes. It allows administrative agencies to develop expertise in specific areas, adapt regulations to changing circumstances, and respond effectively to emerging challenges. ConclusionConsequently, "administrative law" is not a brand-new word. In nearly every legal system in the world, administrative law is still present. Administrative law has been one of the most successful fields of law in India from the Mauryans to the Guptas, from the Guptas to the Mughals, from the Mughals to the East India Company. Arguably the most significant development of the 20th century was administrative law. The advancement of administrative law parallels the advancement of civilization. The branch of law known as administrative law regulates how the Executive operates and prevents any abuse of power on the part of the Executive or any of its representatives. It is a new area of law that has developed through time and will continue to do so in response to the shifting demands of society. The main objective of administrative law is to bring the Executive's discretionary powers into compliance with the "Rule of law," not to eliminate them.References https://lawbhoomi.com/administrative-actions-meaning-nature-scope-and-significance/ https://www.legalservicesindia.com/article/643/Administrative-law.html https://www.lawnotes.in/Scope_of_Administrative_Law https://ezinearticles.com/?The-Importance-of-Administrative-Law&id=4622784 www.legalvidhya.com