Evolution And Growth Of Administration Law (By- Ronanki Parimala)
Reasons For
The Growth Of Administrative Law
5.1.The Change In The Philosophy Of
State: The change in
the role played by the state from police state to social welfare state.
5.2. Urbanization: Emergence of factory system led to
the migration of people to urban areas. This led to the increase in the need
for proper facilities like housing, roads, drainage system. Fulfilling the
needs of all. By passing legislations. By the legislature overburdened the wing
ultimately resulted in the delegation of powers to the administrative wing and
growth of administrative law. (VI)
5.3.Emergency Situation: Passing of laws by the legislature
is a link the process, so it is not expected from a legislature to pass a law
and meet an emergency situation.
5.4.Inadequacy Of Legislative Process:
it has no time to deal with all the details, example, drug and cosmetic
act and drug and cosmetic rules.
5.5.Inadequacy Of Judicial System: it is low costly for Formalistic.
No speedy disposal. Example, Industrial Tribunal, labour cost.
5.6.Experiment: The administrative process is
flexible.
5.7.Technicalities: Administrative Organs have
Technical Experts.
At the moment, all of the technical
professionals are working with the administrative organs. If the legal work of
administration is attempted to be transferred to the current judiciary and law,
it will be hampered owing to a lack of technical understanding.
Consequently, in order to employ and
harness the skill of the technical specialists who are now with the
administrative institutions, it is quite prudent to develop a new and
co-ordinating department of law, namely administrative law. (VI)
Finally, we may argue that they serve
as an impartial arbiter, necessitating the creation of a distinct
Administrative Law.[1]
5.8. Preventive measures:
administrative authority can take preventative measures.
5.9. Effective Enforcement Of
Preventive Measures:
administrative authority can take steps to enforce preventive measures,
example, revocation, suspension of license.[2](X)
To summarise, administrative law is
the principal field of public law with its unique character. Administrative law
changes over period and will continues to develop in response to the evolving
requirements of civilization. Administrative law is intended to control the
activities and authorities of the Executive and to safeguard ordinary citizens
from abuse of authority by the Executive or any of its legal instruments. The
primary goal of administrative law is to prevent the Executive from abusing its
discretionary powers.