Historical Development of Administrative Law

HISTORICAL DEVELOPMENT
OF ADMINISTRATIVE LAW
History of administrative law is mute and speaks
very rare. In ancient times, it was king’s rule
followed and admired by the citizens. King was
the supreme power and laws made by him were
mandatory to be followed. It was a Police state.
Very object of the people was just to defend their
respective territories from external rebellions &
wars, maintaining tranquility and collect taxes
from citizens for maintaining inter-state activities.
It is usually known as Laisser faire system that
leave government control over private business
& direct result of which is freedom of
private persons or personal bodies. Wherein, rich
started becoming richer and poor, poorer. For
abridging such trend a significant concept of
Government was introduced.
Administration law in
ancient times
Administrative law was existent in India even in ancient times. Under the
Mauryas and Guptas, several centuries before christ, there was well
organised and centralise Administration in India.
 The rule of "Dharma" was observed by kings and Administrators and

nobody claimed any exemption from it. The basic principle of natural
justice and fair play were followed by the kings and officers as the
administration could be run only on those principles accepted
by Dharma, which was even a wider word than "Rule of Law" or "Due
process of Law", Yet, there was no Administrative law is existence in the
sense in which we study it today.
 With the establishment of East India company (EIC) and event of the
British Rule in India. The powers of the government had increased. Many
Acts, statutes and Legislation were passed by the British government
regulating public safety, health, morality transport and labour relations.
Practice of granting Administrative licence began with the State Carriage
Act 1861. The first public corporation was established under the Bombay
Port Trust Act 1879. Delegated legilsation was accepted by the Northrn
India Canal and Drainage Act, 1873 and Opium Act 1878 proper and
effective steps were taken to regulate the trade and traffic in explosives
by the Indian Explosives by the Indian Explosives Act 1884.
 In many, statutes, provisions were made with
regard to holding of permits and licenses and for
the settlement of disputes by the Administrative
authorities and Tribunals.
 During the Second World War, the executive

powers tremendously increased Defence of India
Act, 1939 and the rules made thereunder
conferred ample powers on the property of an
individual with little or no judicial control over
them, In addition to this, the government issued
many orders and ordinances, covering several
matters by way of Administrative instructions.
Administrative law after
independence
Since independence, the activities and
the functions of the government have
further increased. Under the Industrial
Disputes Act 1947, the Minimum Wages
Act 1948 important social security
measures have been taken for those
employed in Industries.
 The philosophy of a welfare state has been specifically embodied in
the constitution of India. In the constitution itself, the provisions are
made to secure to all citizens social, economic and political justice,
equality of status and opportunity. The ownership and control of
material resources of the society should be so distributed as best to
subserve the common good. The operation of the economic system
should not result in the concentration of all these objects.
 The state is given power to impose reasonable restrictions even on

the Fundamental Rights guaranteed by the constitution.

In Fact, to secure those objects, several steps have been taken by
the parliament by passing many Acts, e.g. the Industrial
(Development and Regulation) Act 1951, the Requisitioning and
Acquisition of Immovable Property Act 1952, the Essential
Commodities Act, 1955. The Companies Act 1956, the Banking
Companies (Acquisition and Transfer of undertakings) Act, 1969.
The Maternity Benefits Act, 1961, The Payment of Bonus Act 1965,
The Equal Remuneration Act 1976, The Urban Land (ceiling and
Regulation) Act 1976, The Beedi Worker's Welfare Fund Act, 1976
etc.
 Even, while interpreting all these Acts and the provisions of the constitution, the
judiciary started taking into consideration the objects and ideals social welfare.
Thus, in Vellunkunnel Vs. Reserve Bank of India AIR 1962 SC137, the Supreme
Court held that under the Banking Companies Act, 1949 the Reserve Bank was
the sole judge to decide whether the affairs of a Banking company where being
conducted in a manner prejudicial to the depositors, interest and the court had
no option but to pass an order of winding up as prayed for by the Reserve Bank.
 Again, in state of Andhra Pradesh Vs. C. V. Rao, (1975) 2 SCC 557 dealing with
departmental inquiry, the Supreme Court held that the jurisdiction to issue a writ
of certiorari under Article 226 is supervisory in nature. In is not an appellate court
and if there is some evidence or record on which the tribunal had passed the
order, the said findings can not be challenged on the ground the evidence for the
same is insufficient or inadequate. The adequacy or sufficiency of evidence is
within the exclusive jurisdiction of the tribunal.
 Similar view was taken in K. L. Shinde Vs State of Mysore, (AIR 1976 SC 1080) In
Shrivastava Vs Suresh Singh (AIR 1976 SC 1904), The Supreme Court observed
that in matters relating to questions regarding adequacy or sufficiently of
training the expert opinion of public service commission would be generally
accepted by the court.
 In State of Gujrat Vs. M. I. Haider Bux (AIR 1977 SC 594), The Supreme Court
held that under the provisions of the Land Acquisition Act, 1994, Ordinarily,
government is the best authority to decide whether a particular purpose is a
public purpose and whether the land can be acquired for the purpose or not.
 Thus, on the one hand, the activities and powers of
the government and administrative authorities
have increased and on the other hand, there is
great need for the enforcement of the rule of law
and judicial review over these powers, so that the
citizens should be free to enjoy the liberty
guaranteed to them by the constitution. For that
purpose, provisions are made in the statutes giving
right of appeal, revision etc. and at the same time
extra-ordinary remedies are available to them
under Article 32, 226 and 227 of the constitution of
India. The Principle of judicial review is also
accepted in our constitution, and the order passed
by the administrative authorities can be quashed
and set aside if they are malafied or ultravires the
Act or the provisions of the constitution.
A general account of the Growth of administrative law in India is as follows-
1. 1834-1939-
a. Public Safety-
Government regulation generally took the form of prohibiting the carrying
of a particular activity without a license or permission. Licensing Act in this
field are Sarais Act, 1867, the Arms Act, 1878, the Indian Explosive Acts,
1884, the Indian Petroleum Act, 1899, the Boilers Act, 1923.
b. Public Health-
It was largely a neglected subject during British period. Acts were passed
are the Opium Act, 1878, the Dangerous Drugs Act, 1930, the Epidemic
diseases Act, 1897, the Indian Medical Council Act, 1933.
c. Public Morality-
. The Dramatic Public Performance Act, 1876.
. The Cinematograph Act, 1918.
d. Transport-
. Stage Carriage Act, 1861
. The Indian Railways Act, 1890.
. The Motor Vehicles Act, 1914.
. The Indian Merchant Shipping Act, 1923.
. The Motor Vehicles Act, 1939.
e. Labour-
. Employers and the Workmen Dispute Act, 1860.
. The Mines Act, 1923.
. The Workmen’s Compensation Act, 1923.
. The Indian Trade Dispute Act, 1929.
. The Factories Act, 1934.
. The Payment of the Wages Act, 1936.
f. Economic Regulations-
 The Companies Act, 1850.
 The Companies Act, 1913.
 The Cotton Transport Act, 1923.
 The tea Control Act, 1934.
 The Rubber Control Act, 1934.
 The RBI Act, 1934.
2. 1939-1947-
National Safety-
 Defence of the India Act, 1939.
 The Essential Supplies Temporary Power Act, 1946.
 The Import and Export Control Act, 1947.
 FERA Act, 1947.
3. 1950-1969-
 Industrial Development and Regulation Act, 1951.
 Essential Commodities Act, 1955.
 Monopolies and Restrictive Trade Practice, 1969.
4. 1970-1990-
Monopolies and Restrictive Trade Practice Act
repealed and Competition Act, 2002 came into
force.
Consumer Protection Act, 1986.
Reasons for growth of
administrative law
1. Role of State changed-
Changes in the policies of the State i.e. from
police state of welfare state. The State has
not confined its scope to the traditional and
minimum functions of defence and
administration of justice, but has adopted
the positive policy and as a welfare state,
has undertaken to perform various
functions for the benefit of the people.
2. Defect of present judicial system-
The present judicial system proved to be
inadequate to decide and settle all types of
disputes. It was found to be slow, costly,
imperfect and complex
3. Inadequate legislative process-
The legislative process was also
inadequate. It had no time and technique
to deal with all the details. It was
impossible for it to lay down detailed
rules and regulations.
4. Need to reform social life-
Law must be in position to meet the
changing needs of the society. The
demands of the people increased with the
complex society. It was felt necessary to
deal with the complex situation with
adequate laws.
5. Demand from people-
It was demand from people that Government
must solve their problems rather than merely
defining their rights e.g. right of equality will
not be of any use unless Government comes
forward to help the weaker section of the
society for their upliftment and development in
all the spheres of life.
6. Scope for experiment-
There is a scope for experiment in administrative
process. The present law making process is
complicated, time consuming and hence
cannot deal with the problems effectively.
Moreover, it is difficult to modify and amend
the law.
7. Preventive measures to be taken-
Administrative authorities also take preventive
measures, e.g. licensing to medical stores,
liquor-wine shops, rate fixing, etc. Unlike a
regular court of law, they need not have to wait
for parties to come with their dispute.
8. Economy of the State-
In a welfare state, justice-social, economic and
political can be achieved by framing proper
policies hence the administrative authorities are
empowered to frame national policies and plans
for the achievement of the goal contemplated in
the Constitution. For e.g. Planning Commission
laid down plan, which is required to be achieved
by these administrative authorities.
9. Regulatory Measures:
The regulation of pattern of ownership, production
and distribution is considered the responsibility of
good government to ensure maximum happiness
of maximum number of people. Administrative
authority seeks to ensure social security and social
welfare for the common man, regulates the
industrial relations, exercises over the production,
manufacture and distribution of essential
commodities and tries to achieve equality for all.
10. Population in urban area:
After Second World War because of urbanization, lot
of problems crept into, which required
administrative authorities to solve such problems.
It improves slums, looks after the health and
morals of the people.
11. Development of Industries-
Industrialization brought with it many
problems relating to labour, therefore,
to solve the labour problems, there was
a need to have administrative
machinery

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HISTORICAL DEVELOPMENT

 The rule of "Dharma" was observed by kings and Administrators and

 During the Second World War, the executive

 The state is given power to impose reasonable restrictions even on

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