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Administrative law is that law which is used in administering the operation of the government. It stated the power and duties of the authority which are operating the government administration department. In this administration procedure has been laid down through which the administrative authority has been acted according. They have right to exercise the rights which are given under the administrative law. There are various rights and duties and remedies of the right of the person is affected by the administration action. The government function has been grown day by day and it is difficult for the human being that they can regulate and undertake all the services, industries, professions, education and various other activities.
Administrative law has a great importance. It is the branch of law which is used or implementing the rules and regulation and helps in advancing the state. As the use of the administrative law has been developed day by day which have control over the abuse of the governmental powers which is misused by the government people. Administrative law helps in preventing the arbitrariness. Judge also made the laws and changed their position very easily and they decide the case as according to the society need.
There are various statute like Environment protection act 1986, Air prevention and control of pollution Act 1981, the water (prevention and control of pollution) Act 1974, Wild Life Protection Act 1979 they are provided with the administration department which control and regulate these laws in protecting the environment, wildlife and natural resources of the country.
In 20th century administrative law has become the “outstanding legal development”. It does not mean that before 20th century there was no administrative law in the country, but in the government sector there had been existence of the one or more another form which deals with the administration department of each and every country.
As with the rapid growth of the administrative law in the modern times will also increase the use of the administration powers and function in the country.
There are various attributes of the administrative law in the country;
It helps in making the policies and makes the leadership in the legislature, executive and administered in various decisions which have been taken by the government. It helps in exercising the day to day activities of the government sector and also meets the different types of function as well. It gives the power and authority to the administration department for resolving the disputes between itself and individual. With the increasing in the development of the administration process will help in meeting the contemporary issues which is tackled best by this. It involved the new techniques and process which helps in meeting the problem of the modern society. There are various certain rules which are not suitable for the practice and these rules are changed with the new rules which are incorporated as according to the experience.
Nature and scope of the administration law
Pervasive legal discipline
In administration law it has the pervasive legal discipline which is helping in making changes in the legislation wherever and whenever if any person becomes the victim of the arbitrary exercising the public power.
Law in realist sense
It is the law for administering the government work but it is not the law in the lawyer sense like property law, contract law, constitutional law etc. it is the law in realist sense which covers the statute law, administrative rule making, precedents, customs etc.
Administration law states the procedure, process, authority and power of the department of administration which helps in regulating the administration department. There are various administrative agencies which help in administering the department, officers, public corporations, commission etc.
Administrative law also stated the administrative process. Administrative process helps in carrying the activities of business of government, or regulating the community affairs.
There are various reasons for the expansion of the administrative law
Demand of the people
People are demanding from the government that they have to resolve their issues rather than to define their rights in the society. The rights under the constitution and equality have been clean and free unless government has to support the weaker section of the society and help in growth of the weaker section. They have to maintain the equality among them.
The distribution, ownership, production of the goods is the responsibility of the government that they will ensure the maximum good for the maximum number.
Inadequate judicial system
The judicial system was inadequate and is traditional type. The judicial system is not adequate for fulfilling the need of the present system. It requires the quantity and quality of the performance for of the welfare and functional government which is required for the 20th century. It is also one of the biggest factors which helps in growth of the administration law. The traditional kind of judicial system was inadequate, slow, costly, complex etc. it is not expected that judicial system gives the speedy trial or disposed of the case.
Inadequacy of the legislative process
The legislative process is also inadequate, administrative law also laid down the rules and regulation which has been in stated in detailed and in advance form.
Adoption of the preventive measures
The preventive measures are also adopted by the administrative agencies like rate fixing, licensing etc. the ordinary court has not to wait for the party that they come with the dispute. In various cases these preventive measure are effective and useful than give punishment to the individual when he breached the laws and regulations through this society suffered the loss.
Policing of preventive measures
Administrative agency can also take the step which is effective in nature for enforcing the preventive measure like suspension, revocation, cancellation of licenses etc.
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