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Administrative law is a branch of public law, which deals with the structure, powers and functions of the organs of administration; the limits of their powers and the methods, by which their powers are controlled, including the legal remedies available against them.
Prof. Jennings defines administrative law as the "law relating to administration. It determines the organization, powers and duties of administrative authorities".
H.L.A. Hart defines "Broadly conceived, administrative law includes law, that is made as well as the law, that controls the administrative authorities of the Government".
According to Wade, Administrative Law is `the law relating to the control of governmental power'. According to him, the primary object of Administrative Law is to keep powers of the Government within their legal bounds so as to protect the citizens against their abuse.
According to K.C. Davis , "Administrative Law is the law concerning the powers and procedures of administrative agencies, including especially the law governing judicial review of administrative action".
Garner also adopts the American approach advocated by K. C. Davis. According to him, Administrative Law may be described as "those rules which are recognised by the courts as law and which relate to and regulate the administration of Government".
Dicey has defined administrative law as, "It is that portion of a nation's legal system, which determines the legal status and liabilities of all State officials, and secondly, defines the rights and liabilities of private individuals in their dealings with public officials, and thirdly, specifies the procedure by which those rights and liabilities are enforced." This definition is narrow and restrictive in so far as it does not take into consideration many aspects of administrative law, such as public corporations etc.
His definition is mainly concerned with one aspect of administrative law, namely, judicial control of public officials.
So from above discussion it can be said that administrative law deals with structure, powers and functions of different administrative authorities and procedure to be followed by them in exercising powers and discharging duties so as to protect rights of any aggrieved person who has been affected by action of such authorities.Administrative Law deals with the organization and powers of administrative authorities. The emphasis on the organization is only to the extent that it is necessary to understand the powers, characteristics of action, procedure for the exercise of those powers and the control mechanism provided therein.In simple words, administrative law is the science of powers of administrative authorities.
Administrative Law deals with the powers of the administrative authorities, the manner in which the powers are exercised and the remedies, which are available to the aggrieved persons, when these authorities abuse those powers.
The key function of administrative law is to find the ways, in which the administration could be kept within limits, so that discretionary power may not become arbitrary powers. The task of Administrative Law is to reconcile, in the field of administrative action, democratic safeguard and standards of fair play with the effective conduct of Government.
As has been rightly observed by Lord Denning : "Properly exercised, the new powers of the executive lead to the Welfare State; but abused they lead to the Totalitarian State". The main object of the study of Administrative Law is to unravel the way in which these administrative authorities could be kept within their limits so that the discretionary powers may not be turned into arbitrary powers..
It is difficult to evolve a scientific, precise and satisfactory definition of Administrative Law. Many jurists have made attempts to define it, but none of the definitions has completely demarcated the nature, scope and content of administrative law. The main object of this law is to protect individual rights.
Administrative law is a branch of public law, which deals with the structure, powers and functions of the organs of administration; the limits of their powers and the methods, by which their powers are controlled, including the legal remedies available against them.
Prof. Jennings defines administrative law as the "law relating to administration. It determines the organization, powers and duties of administrative authorities".
H.L.A. Hart defines "Broadly conceived, administrative law includes law, that is made as well as the law, that controls the administrative authorities of the Government".
According to Wade, Administrative Law is `the law relating to the control of governmental power'. According to him, the primary object of Administrative Law is to keep powers of the Government within their legal bounds so as to protect the citizens against their abuse.
According to K.C. Davis , "Administrative Law is the law concerning the powers and procedures of administrative agencies, including especially the law governing judicial review of administrative action".
Garner also adopts the American approach advocated by K. C. Davis. According to him, Administrative Law may be described as "those rules which are recognised by the courts as law and which relate to and regulate the administration of Government".
Dicey has defined administrative law as, "It is that portion of a nation's legal system, which determines the legal status and liabilities of all State officials, and secondly, defines the rights and liabilities of private individuals in their dealings with public officials, and thirdly, specifies the procedure by which those rights and liabilities are enforced." This definition is narrow and restrictive in so far as it does not take into consideration many aspects of administrative law, such as public corporations etc.
His definition is mainly concerned with one aspect of administrative law, namely, judicial control of public officials.
So from above discussion it can be said that administrative law deals with structure, powers and functions of different administrative authorities and procedure to be followed by them in exercising powers and discharging duties so as to protect rights of any aggrieved person who has been affected by action of such authorities.Administrative Law deals with the organization and powers of administrative authorities. The emphasis on the organization is only to the extent that it is necessary to understand the powers, characteristics of action, procedure for the exercise of those powers and the control mechanism provided therein.In simple words, administrative law is the science of powers of administrative authorities.
The nature of their powers can be studied under three heads :
(1) Legislative or Rule-making,
(2) Judicial or Adjudicative,
(3) Purely Executive.
Administrative Law deals with the powers of the administrative authorities, the manner in which the powers are exercised and the remedies, which are available to the aggrieved persons, when these authorities abuse those powers.
The key function of administrative law is to find the ways, in which the administration could be kept within limits, so that discretionary power may not become arbitrary powers. The task of Administrative Law is to reconcile, in the field of administrative action, democratic safeguard and standards of fair play with the effective conduct of Government.
As has been rightly observed by Lord Denning : "Properly exercised, the new powers of the executive lead to the Welfare State; but abused they lead to the Totalitarian State". The main object of the study of Administrative Law is to unravel the way in which these administrative authorities could be kept within their limits so that the discretionary powers may not be turned into arbitrary powers..
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