Introduction
All democratic states have socio-economic functions and obligations as the prime source of policies for governance. This practice has drastically gained impetus over passaging time due to growing public expectations and awareness regarding citizens’ rights. The current system of governance has become more complex and challenging in the developing nations to keep up with the challenges posed by the intricate relationship between the public and the administration.
This situation demands some kind of law to regulate the activities of administration and its relationship with the common public so that the administration becomes more transparent, trustworthy, and fair in dealings with no kind of discrimination. The Administration existed even in the ancient past but had only a limited function to perform. The present time, the governments bound with a variety of functions and responsibilities towards the public and society at large. This creates the need for the formulation of proper public policy by the concerned government department. So that prompt and implementation of these policies fulfill the needs and aspirations of the society.
Administrative Law is the legislation incorporated to take care of the entire issues aforesaid.
Though Administrative law is a broader concept but literally. It deals with the decisions taken by various administrative organs of government. It based on a set of rules, regulations, procedures, and precedents. No two departments of the government will have the same set of rules, regulations, and procedures because they differ from each other in terms of their setup and function. The same is the case with two democratic states of different countries. The priority of the countries and their need may differ from each other.
As far as Administrative law is a concern. There is a few things common among all democratic countries and various departments of any Country. For example, administrative law is base on the principle of Rule of law. The principle of due process of law because of which the decisions of administrative bodies and various departments must be fair, just and reasonable.
The administrative law in India derives its force from the Constitution of India which includes the directive principles of state policy. To promote social welfare is one of the main objectives of good governance. The existent constitutional mechanism suffices to control the administrative authorities from abusing or misusing their authority and powers entrusted in them for the public good, by invoking Article 32,226,136,300 and 311 of Indian constitution.
The principal sources of administrative law in India comprise judicial rulings. Constitutional provisions, ordinances, departmental circulars, gazette notifications, legislation, administrative direction, statutes, etc. Administrative law affects the life of the people in their day-to-day activities. Based on their needs such as getting a driving license. License to run a restaurant or business, the process of obtaining a passport.
Besides all these activities, administrative bodies and departments have to take certain policy decisions regarding various issues. Such as a levy of the tax, maintenance of roads, construction of bridges, roads, and other developmental activities. Which may create a situation of conflict of interests between the concerned administrative department an individual or a group of individuals.
In such a situation, the aggrieved party may approach the competent Court for judicial review of such order. Empirical research in this area of administrative law has shown that certain policies and projects of government departments are late because of the apprehension of judicial review. While the fact remains that the work of public importance must not be late to bring about the socio-economic development of a nation. Therefore, streamlining the administrative procedures and process for good governance is the need of the hour in administrative law. So that all works related to the public do not only promptly but also with transparency.