Administrative law

6th sem

Unit 1:3-Evolution and development of administrative law in India, U.K, USA,

France (droit administration), global administration

Administrative law in India has evolved significantly over time, reflecting the
country’s historical, social, and political changes.

Administrative law in India can be traced back to ancient history times. The
Maurya and the Gupta dynasties of Ancient India had centralized
administrative system. Following this, came the Mughals who had somewhat
similar administrative system. The kings in the anterior period of history
were mostly concerned majorly about three things-

Protecting the state from external aggression

Maintaining law and order and order

Collecting taxes.

With the arrival of the British in India, there was the advent of modern
administrative law. Establishment of East India Company increased the
government’s powers manifold. Several Acts, legislatures and statutes were
brought by the British Parliament for regulating public safety, health,
morality, transport and labour relations

Administrative law in India has evolved from a colonial framework to a robust

system grounded in constitutional principles, with significant contributions
from the judiciary and legislative advancements.

The focus on transparency, accountability, and the protection of

fundamental rights continues to drive its development.

Evolution of administrative law in India

Before independence

1. Public Safety —In this area, the government regulation generally took
the form of prohibiting the carrying of a particular activity without a
license or permission. Licensing Acts in this field are The Arms Act,
1878, The Indian Explosives Act, 1884.
2. Public Health —As regards public health, it was largely a neglected
subject during the British administration. The Acts which were passed
relating to public health are the Opium Act, 1878, the Dangerous Drugs
 Act, 1930, the Epidemic Diseases Act, 1897, the Indian Medical Council
Act, 1933. —In connection with public morality two Acts were passed:
(i) Dramatic Public Performance Act 1876, and (ii) The Cinematograph
Act, 1918.
3. Transport — The government regulation of transport was mainly from
the point of view of general security. As regards railways and
tramways, some further regulations were necessitated because of their
being public utility services. Important Acts in this area are the Indian
Railways Act, 1890, the Motor Vehicles Act, 1914.
4. Labor —A number of Acts were passed in this area but their purpose
was not labor welfare. The notable Acts are: (i) Employers and
Workmen Disputes Act, 1860, the Mines Act, 1923, the Factories Act,
1934 and the Payment of Wages Act, 1936.
5. National Safety — Due to the Second World War the problem of
national safety came before the executive. During the war the
executive assumed vast powers. Numerous administrative agencies
were established to face the situation arising from war. Relevant Acts
are the Defence of India Act, 1939, the Import and Export (Control)
Act, 1947 and the Foreign Exchange Regulation Act, 1947 and after
that following aspects of the law emerged.

After independence

Post independence, India adopted a welfare state approach, which in turn

increased state activities. With increase in power and activity of the
Government and administrative authorities increased so did the need for
‘Rule of Law’ and ‘Judicial Review of State actions’. The philosophy of a
welfare state became specifically embodied in the Constitution of India. In
the Constitution itself, provisions were made to secure to all citizens
social, economic and political justice, equality of status and opportunity.

1. Socio-economic Philosophy of the Constitution: The state

has been directed to follow the principles of socio-economic
justice in the governance of the country and in making laws.

Ensuring that the operation of the economic system does not result
in the concentration of wealth.

Establishment of Rule of law(equality before and supremacy of law),

fundamental rights and DPSP for the benefit of the nation and it’s
citizens.
 2. Judicial Activism: The Supreme Court and High Courts have
played a crucial role in expanding administrative law through
judicial review. Landmark judgments such as A.K. Gopalan v.
State of Madras (1950), Kesavananda Bharati v. State of Kerala
(1973), and Maneka Gandhi v. Union of India (1978) have been
instrumental in defining and expanding administrative law.
3. Legislation and Delegated Legislation: Numerous statutes,
such as the Administrative Tribunals Act, 1985, have been
enacted to streamline administrative processes and provide
specific remedies against administrative actions.

Delegated legislation has increased, allowing detailed rules and

regulations to be framed by authorities under the scope of
primary legislation.
(For better administration and execution of laws at the ground
level, procedures such as laying and delegated legislation were
borrowed from contemporary regimes and customized to cater to
the Indian needs).
If rules, regulations and orders passed by the administrative
authorities were found to be beyond their legislative powers then
such orders, rules and regulations were to be declared ultra-
vires, unconstitutional, illegal and void.

Growth of Administrative Process in the UK

1. In England, by and large, the existence of administrative law as a

separate branch of law was not accepted until the advent of the 20th
century. In 1885, Dicey rejected the concept altogether.
2. According to Friedmann, unfortunately, Dicey misunderstood the scope
and ambit of administrative law. He thought administrative law to be
inconsistent with the maintenance of the rule of law and excluded it.
3. Due to this several legal thinkers suspended the notion of
acknowledging the various statutory powers given to administrative
authorities to form a separate branch of law.
4. Hence, until 20th century administrative law was not given its due in
England.
5. In 1929, Lord Donoughmore Committee recommended for better
publication and control of subordinate legislation. The legal maxim
that the king can do no wrong, was abolished and the scope and
extent of administrative law was expanded by the Crown Proceeding
Act, 1947.
 6. It allowed initiation of civil proceedings against the Crown in a similar
fashion to any ordinary private citizen.
7. The Tribunals and Inquiries Act, 1958 brought about better control and
supervision of administrative decisions.
8. Breen v Amalgamated Engineering Union( 1971) was the first case
wherein the existence of administrative law in England was
recognized.

Development of administrative law in USA

1. The existence and growth of administrative law was ignored in the

United States until it grew into being the fourth branch of
Democracy.
2. American growth of administrative power didn’t encounter a
temperamental opposition like it did in England. Rather it was
checked by the distribution of powers under a federal system.
3. Bulk of the legislations, at first, was administered without general
supervision, the central-state administrative organization was built
slowly. As a result administrative control in the US was less
bureaucratic and hence less centralized.
4. In the United States the rise of administrative law is
contemporaneous with the need for governmental regulation of
industry.
5. Such a need led to the creation in 1887 of the Interstate Commerce
Commission (ICC).
6. In 1933 a special committee was appointed to determine how
judicial control over administrative agencies could be exercised.
Thereafter, the Administrative Procedure Act, 1946 was passed
which provided for judicial control over administrative actions.
7. American administrative law developed from the operation of these
different regulatory agencies, vested with significant powers to
determine, by rule or by decision, private rights and obligations.
8. During the 1920s courses on administrative law began to be offered
in law schools, the American Bar Association set up a special
committee on the subject, and it came increasingly to occupy the
attention of courts and lawyers.

Development of administrative law in France

The existence of an administrative authority (le droit administratif) in France,

separate and distinct from the civil law, dealing, in the main, with the
competence of the administrative authorities and watching over the relations
amongst themselves and with private individuals, distinguishes
fundamentally the administrative and legal system of France from that of
Anglo-Saxon countries.

1. Ancient Régime (Pre-1789)- Royal Decrees and Ordinances: Administrative

law was largely dictated by the king’s will, with royal decrees and ordinances
providing the framework for administration.

Administrative Bodies: Institutions like the “Conseil du Roi” (King’s

Council) played significant roles in administrative matters.

2. French Revolution (1789)- End of Absolute Monarchy: The revolution

abolished the Ancient Régime, marking a shift towards democratic principles
and the establishment of the rule of law.

Declaration of the Rights of Man and of the Citizen (1789): Introduced

fundamental rights, influencing administrative law by emphasizing individual
rights against arbitrary state action.

3. Napoleonic Era (1800-1815)- Creation of the Conseil d’État (1799):

Established by Napoleon Bonaparte, this body became the cornerstone of
French administrative law, acting both as an advisor to the government and
as the highest administrative court.

Codification: The Napoleonic Codes, especially the Code Napoléon (Civil

Code), influenced administrative procedures and practices.

4. 19th Century- Growth of Administrative Justice: The Conseil d’État’s role

expanded, consolidating its position as the supreme administrative court.

- Development of Jurisprudence: Landmark cases, such as the “Blanco

case” (1873), established principles like the liability of the state and
the distinction between public and private law.

5. Third Republic (1870-1940)

- Separation of Powers: Strengthened the independence of

administrative courts.

- Administrative Reforms: Various reforms aimed at improving public

administration and accountability.

6. Post-World War II (1945-Present)

- Fifth Republic (1958): Further strengthened the role of administrative

law within the framework of the new constitution.
- European Influence : EU law and the European Convention on Human
Rights increasingly influenced French administrative law, promoting
human rights and procedural fairness.

- Modern Reforms: Recent decades have seen reforms aimed at

increasing transparency, efficiency, and accountability in public
administration, such as the introduction of the “Code of Administrative
Justice” in 2000.

On analyzing and comparing we understand that the countries

displayed a similar trend with respect to development of
administrative law. Whether it’s a common law country like India or a
civil law country like France, the governments started out as police
states which couldn’t care less for the citizens to social welfare
nations.