Administrative Law in INDIA

Paper by: Bhavsar Dhruvraj (R.N Patel IPCOWALA School of Law & Justice)

It has been rightly said by Porfirio Diaz veteran of reform war and 29th president of Mexico, „Less Politics and more administration‟. Based on which, contention travels through Historical part of Administrative Law, parameters of Administrative law viz. Rule of law, Natural justice and judicial review, Administrative functions. In addition to that Administrative discretion, Judicial and quasi-judicial authorities, delegated, sub-delegated legislation with leading precedents are emphasized. Even so Judicial restraint and judicial activism is reconsidered in along with own views. Enlightening on Administrative Law of India particularly.

Introduction

It‟s a tricky task to define administrative law. So far, it has not been defined in any substantial or procedural law which governs the sovereign country, but certainly there are some aspects defined on which entire base of administrative law is functioning. Administrative law is a body of law that governs the administrative agencies like rule making, adjudication and enforcement of law in the government. Administrative activities are mainly concerned with implementation of law and keeping eye on the bodies which are governing or executing the country. Administrative laws deal with better functioning of organization of legislatures and judiciary. It‟s a Judges made Law.1 It derives power from legislature to rule which enriches the implementation of law. In a simple and vernacular sense, administrative law is nothing but managing the ongoing activities of state with certain powers bestowed by legislatures. Constitutional law defines the laws to be imposed  and administrative law administers those laws in the society and mainly concerned with proper functioning of various wings of government. Core of this concept is, to impose the law enacted in such a manner that is derives benefits to each citizen of the country. These are some definitions given by eminent personalities…

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