Administrative Law In India

INTRODUCTION

Administrative law recognized as a separate branch of legal discipline in the middle of the 20th century in India. Today, the administration plays important role and impinges freely and deeply on every aspect of an individual’s life. So, administrative law has become a key area for study and research.

Administrative law has remarkable social function to carry out. Without appropriate administrative law any society would die. Administrative law is body of reasonable limitations and affirmative action parameter, which are developed, and operationalised by the legislature and the courts to maintain and sustain a rule of law society. The establishment of administrative law is recognized as, to check, abuse or detournment of administrative

The authority in administrative functionaries and the agencies are resulting in maladministration and the corruption. By the exploitation of power or misuse of power, the administration forgets and disregards the individual’s rights. K. C. Wheare in his works observed: “It is not eccentric to conclude that if there is more administration, there will be more maladministration.” Growing administrative illegality has increased court dockets with cases demanding judicial review of administrative action.

The courts in India are given extraordinary powers to control and review the administrative actions. The Courts are playing the creative role in order to protect the relations of the growth and development of administrative law. The scope of Judicial Review and the domain of the courts are handful, where it looks for the specific issues to give shape to the principles by which the administrative functioning can be regulated. DOCTRINE OF PUBLIC

Out of these three problems, public accountability is basic, in the sense that if the guilty are punished quickly and adequately, it will take care of the other two problems. Unfortunately, today the procedures of accountability are either non-existent or are very feeble and fragile, besides being dilatory, and any person with sufficient money power or personal connections can bend them in any manner he likes. When it comes to accountability, the system, as it exists today at different levels, proves to be so strong and powerful that it defeats every real attempt in this direction. In other words, the politico-bureaucratic wall proves so strong that it defeats all possible attempts at enforcing liability.

Public Accountability doctrine is the most important emerging facet of administrative law in presently. The basic purpose of the emergence of the doctrine is to check the growing misuse of power by the administration and to provide speedy relief to the victims of such exercise of power. The doctrine is based on the premise that the power in the hands of administrative authorities is a public trust, which must be exercised, in the best interest of the people. Therefore, the trustee who enriches himself by corrupt means holds the property acquired by him as a constructive trustee