Mon. Sep 16th, 2024

Once upon a time the State’s functions were restricted only towards defense, maintenance of law and order, post office service, revenue service etc. which were the traditional functions back then. There was not much involvement of the Government in economic and social functioning like the way we see today.


Today our State is a welfare State where welfare State means a social system in which the State undertakes overall responsibility for the welfare of its citizens. A welfare state seeks to eliminate poverty, promote literacy, employment, essential commodities, protect human rights, conserve the environment and undertake various other tasks for the welfare of the citizens.

 

Welfare State gave rise to the administrative and bureaucratic powers and functions in the society. In-order to perform countless socio-economic functions there is a need for administrative department. Such powers and functions conferred upon the administrative department provides discretion to the authorities pertaining to life, liberty and property of the citizens and hence in-order to regulate the overreach of the conferred powers the administrative law is essential. Thus, in simple words administrative law is the law pertaining to the administrative agencies of government in-order to control the governmental powers.

In-order to perform countless socio-economic functions there is a need for administrative department. The discretionary powers conferred upon the administrative department pertaining to life, liberty and property of the citizens makes it essential for law to regulate such powers so that there is no misuse or abuse of such powers by the administrative authorities.

 

Past experiences have taught us that whenever there is an increase in the powers and functions then there is also a corresponding increase in the misuse of such powers. One cannot rule out the possibility of arbitrary decisions which can be taken by the authorities that may be detrimental to the human rights. Administrative law is the law pertaining to the administrative agencies of government in-order to control the governmental powers.


At times the authorities exceed their powers and misuse the authority. The primary object of administrative law is to prevent the misuse of power and authority by the departments who are meant to look after the administration within the State. The administrative law aims to have a governance full of transparency and accountability by keeping a check over the authorities so that the legitimate interests of the citizens are not affected. 


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