Evolution of Administrative Law in India (Notes)

The evolution of administrative law in India has been shaped by its colonial past, the structure of the Indian Constitution, and the growing demands of governance in the modern era. Administrative law in India primarily governs the powers and functions of administrative authorities and the principles of natural justice, ensuring that administrative actions are taken within the boundaries of law.


(1) Colonial Period:

The roots of administrative law in India can be traced back to the British colonial era. During this period, the British government exercised supreme control over the administration in India, and the framework for administrative law was largely derived from the principles of English administrative law. Some key features of this era were:

1.        Limited Judicial Review: 

      British colonial governance did not allow much judicial intervention in administrative actions. Courts had limited power to review the decisions of the administration, except when there was an outright violation of law.

2.        Bureaucratic Control: 

      The British government established a vast administrative machinery to control all aspects of life in India. This system of bureaucracy continued post-independence and laid the foundation for administrative law in the country.

3.        No Formalized Administrative Law: 

      During this period, administrative law was not systematically developed. Judicial review and the role of administrative agencies were not clearly defined.

(2) Post-Independence Developments:

After India gained independence in 1947, administrative law evolved to meet the needs of a newly independent nation. The Indian Constitution, adopted in 1950, provided a framework for governance that significantly influenced the development of administrative law.

1.        Constitutional Framework: 

      The Constitution of India, with its emphasis on justice, rule of law, and fundamental rights, formed the basis for administrative law in India. Articles 14 (right to equality), 21 (right to life and personal liberty), and 32 (right to move the Supreme Court for the enforcement of fundamental rights) were particularly significant in shaping administrative law.

2.        Judicial Review: 

      The Indian judiciary has played a pivotal role in shaping administrative law. The concept of judicial review gained prominence, especially in cases where the exercise of discretionary power by administrative bodies was questioned. Courts began to ensure that administrative actions were not arbitrary or unconstitutional.

3.        Growth of Administrative Tribunals: 

      In the 1980s and 1990s, India saw the creation of specialized tribunals like the Central Administrative Tribunal (CAT) and the Income Tax Appellate Tribunal (ITAT) to adjudicate disputes in specific areas. This was a significant development in administrative law as it provided more accessible and faster resolutions of disputes.

(3) Modern Developments:

In recent years, administrative law in India has evolved to address contemporary challenges, such as economic liberalization, globalization, and the rapid growth of government functions. Important developments include:

1.        Expansion of Administrative Functions: 

      With the increasing role of the government in regulating markets, controlling industries, and providing social welfare, administrative law has expanded to cover a wider range of activities, including health, environment, telecommunications, and public procurement.

2.        Public Interest Litigation (PIL): 

      The rise of PIL in the 1980s has been a major development in administrative law. PIL allows citizens or organizations to challenge administrative decisions in courts, ensuring that public authorities are held accountable for their actions.

3.        Right to Information Act (RTI): 

      The RTI Act, 2005, has significantly impacted administrative law by enhancing transparency and accountability in the functioning of administrative agencies. It has empowered citizens to demand information from government departments, fostering a culture of openness and responsiveness.


By, 

Adv. Harashavardhan (Bhaiya) Deshmukh

(Pune Maharashtra)

Mail: dabangglawyer@gmail.com , Contact: 8483882344

Follow @DabanggLawyer 

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