UPSC MainsPUBLIC-ADMINISTRATION-PAPER-I202510 Marks150 Words
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Q5.

Administrative Law has evolved from the need to create a system of Public Administration under law. Elucidate.

How to Approach

The answer should begin by defining Administrative Law and linking its emergence to the increasing role of the state, especially as a welfare state. The body will then elaborate on the factors necessitating the evolution of administrative law, such as the need to control administrative discretion, ensure accountability, and provide speedy justice. Specific principles and mechanisms that have evolved, like judicial review and principles of natural justice, should be discussed with examples from Indian context. Conclude by summarizing its significance in balancing administrative efficiency with individual rights.

Model Answer

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Introduction

Administrative Law is a branch of public law that governs the organization, powers, duties, and functions of public authorities and regulates their relationships with citizens. Its evolution is intrinsically linked to the imperative of establishing a system of public administration operating within the confines of law, moving away from arbitrary rule towards regulated governance. The shift from a 'police state' to a 'welfare state' in the 20th century significantly expanded governmental functions into various socio-economic spheres, creating a profound need for a specialized legal framework to control administrative action, ensure accountability, and protect individual rights against potential abuse of power. This development ensures that the executive arm of government functions within a legal framework.

The evolution of Administrative Law is a direct consequence of the desire to subject governmental action to legal principles, thereby establishing a "system of public administration under law." This necessity arose from several interconnected factors:

1. Rise of the Welfare State

  • As states transformed from merely maintaining law and order to actively intervening in social and economic life (e.g., providing healthcare, education, social security), administrative bodies were created to implement these vast welfare schemes.
  • This expansion necessitated a legal framework to govern these new powers and functions, ensuring they served the public good and did not infringe upon individual liberties.

2. Delegation of Powers

  • Modern governance often involves complex technical matters requiring specialized expertise. Legislatures delegate significant rule-making and adjudicatory powers to administrative agencies.
  • Administrative law evolved to regulate this delegated legislation and quasi-judicial functions, ensuring they remain within the bounds of the parent statute and constitutional principles. For example, the Northern India Canal and Drainage Act, 1873, and Opium Act, 1878, accepted delegated legislation in India.

3. Need for Speedy and Expert Justice

  • Traditional courts are often slow, costly, and lack the specialized knowledge required to handle complex administrative disputes (e.g., environmental regulations, labor disputes).
  • The establishment of administrative tribunals and specialized bodies, governed by administrative law, provided mechanisms for quicker, more expert, and less formalistic dispute resolution.

4. Control of Administrative Discretion

  • The expanded role of the state inherently led to administrators exercising wide discretionary powers. Without legal checks, this discretion could lead to arbitrary decisions, corruption, and injustice.
  • Administrative law seeks to strike a balance between necessary administrative flexibility and the need for accountability through principles like reasonableness, proportionality, and fairness.

5. Upholding the Rule of Law

  • The core principle of the Rule of Law dictates that everyone, including government agencies, is subject to the law. Administrative law embodies this by providing mechanisms for judicial review of administrative actions.
  • This ensures that public authorities act within their legal limits, adhere to prescribed procedures, and respect fundamental rights.

Key Mechanisms and Principles in the Evolution of Administrative Law

Principle/Mechanism Description Significance
Judicial Review Courts examine the legality, rationality, and procedural fairness of administrative actions. Ensures accountability and prevents arbitrary exercise of power (Articles 32, 226 in India).
Principles of Natural Justice Includes Audi alteram partem (hear the other side) and Nemo judex in causa sua (no one should be a judge in their own cause). Guarantees fair hearing and impartiality in administrative decision-making.
Doctrine of Ultra Vires Administrative actions exceeding the powers granted by law are null and void. Limits administrative agencies to their statutory authority, preventing overreach.
Doctrine of Proportionality Administrative action must be proportionate to the objective sought. Ensures that decisions are rational and do not impose excessive burdens.

The evolution of Administrative Law is thus a continuous process, adapting to the changing needs of governance and society, always striving to balance administrative efficiency with the protection of individual rights and adherence to the rule of law.

Conclusion

Administrative Law has fundamentally evolved as a critical response to the expanding scope and complexity of public administration. Its genesis lies in the inherent need to regulate the exercise of state power, ensuring that governmental actions are not arbitrary but are guided by established legal principles, transparency, and accountability. This development has been crucial in transforming modern states into welfare states, enabling effective governance while safeguarding individual liberties. By instituting mechanisms like judicial review and principles of natural justice, administrative law acts as a vital check on potential executive overreach, reinforcing the rule of law and fostering public trust in the administrative apparatus.

Answer Length

This is a comprehensive model answer for learning purposes and may exceed the word limit. In the exam, always adhere to the prescribed word count.

Additional Resources

Key Definitions

Administrative Law
Administrative Law is the body of law that governs the activities of administrative agencies of government. It concerns the organization, powers, duties, and liabilities of public authorities, and regulates their relationships with the public.
Rule of Law
The Rule of Law is a principle under which all persons, institutions, and entities are accountable to laws that are publicly promulgated, equally enforced, and independently adjudicated, consistent with international human rights norms and standards. It implies that no one is above the law.

Key Statistics

In 2023, the National Judicial Data Grid (NJDG) reported over 5 million cases pending in various High Courts across India, a significant portion of which involve administrative actions or government departments. This highlights the substantial interface between citizens and the administration, and the continuous need for robust administrative law mechanisms.

Source: National Judicial Data Grid (NJDG)

As of December 2025, over 3.3 million cases are pending before various administrative tribunals in India, emphasizing their critical role in the justice delivery system and the sheer volume of administrative disputes that require resolution outside traditional courts.

Source: Department of Justice, Ministry of Law and Justice (estimated data based on recent trends)

Examples

Right to Information (RTI) Act, 2005

The RTI Act empowers citizens to seek information from public authorities, promoting transparency and accountability in governance. It is a prime example of administrative law enabling greater citizen oversight of public administration.

Frequently Asked Questions

What is the difference between Constitutional Law and Administrative Law?

Constitutional Law primarily deals with the structure, powers, and duties of the three organs of government (legislature, executive, judiciary) and their relationship with each other, as well as fundamental rights. Administrative Law, on the other hand, focuses on the organization, powers, functions, and control of administrative authorities within the framework established by Constitutional Law. Administrative Law is often considered an extension of Constitutional Law.

Topics Covered

Public Administration TheoryAdministrative LawRule of Law