Definition, Purpose, Scope and Sources

of Administrative Law
Definitions

There is a great divergence of opinion regarding the definition of concept of the

administrative law. This is because of the tremendous increase in the
administrative process that it makes impossible to attempt any precise definition
of administrative law which can cover the entire range of the administrative
process. Hence one has to expect differences of scope and emphasis in defining
administrative law. This is true not only due to the divergence of the
administrative process within a given country, but also because of the divergence
of the scope of the subject in the continental and Anglo – American legal
systems.

However, two important facts should be taken into account in an attempt of

understanding and defining administrative law.

 Firstly, administrative law is primarily concerned with the manner of

exercising governmental power. The decision making process is more
important than the decision itself.
 Secondly, administrative law cannot fully be defined without due regard to
the functional approach. This is to mean that the function (purpose) of
administrative law should be the underlying element of any definition. The
ultimate purpose of administrative law is controlling exercise of
governmental power. The control aspect impliedly shades some light on
the other components of its definition.

“Administrative law is the law relating to the administration. It determines the

organization, powers and duties of administrative authorities.” -Sir Ivor Jennings

Massey criticizes this definition because it fails to differentiate administrative and

constitutional law. It lays entire emphasis on the organization, power and duties
to the exclusion of the manner of their exercise. In other words, this definition
does not give due regard to the administrative process, i.e. the manner of agency
decision making, including the rules, procedures and principles it should comply
with.

“Administrative law is that branch of public law which deals with the organization
and powers of administrative and quasi administrative agencies and prescribes
the principles and rules by which an official action is reached and reviewed in
relation to individual liberty and freedom” – I.P Massey

Purpose of Administrative law

I.P. Massey (I.P. Massey, Administrative Law, 5th ed.) identifies the basic bricks
of the foundation of administrative law as:

 To check abuse of administrative power

 To ensure to citizens an impartial determination of their disputes by
officials so as to protect them from unauthorized encroachment of their
rights and interests.
 To make those who exercise public power accountable to the people.

To realize these basic purposes, it is necessary to have a system of

administrative law rooted in basic principles of rule of law and good
administration. A comprehensive, advanced and effective system of
administrative law is underpinned by the following three broad principles:

 – Administrative justice, which at its core, is a philosophy that in

administrative decision making the rights and interests of individuals
should be properly safe guarded.
 – Executive accountability, which has the aim of ensuring that those who
exercise the executive (and coercive) powers of the state can be called on
to explain and justify the way in which they have gone about that task.
  – Good administration- Administrative decision and action should conform
to universally accepted standards, such as rationality, fairness,
consistency and transparency.

Sources of Administration Law

Administrative law principles and rules are to be found in many sources. The
followings are the main sources of administrative law in India.

 i. The Constitution
 ii. Legislation Acts and Statutes
 iii. Delegated Legislation
 iv. Judicial Decision

Cases:-

 – Menaka Gandhi v. Union of India (Natural Justice)

 – Ram Jawayya Kapoor (separation of power)
 – Vodafone case (taxation laws can’t have retrospective effect)
 – CNG in delhi (judicial action)