AL - AMEEN COLLEGE OF LAW
HOSUR ROAD, BANGALORE-560027
MODEL ANSWER PAPER
JUNE 2016
6
TH
SEM 5YRS.LLB.
SUBLECT - ADMINISTRATIE LAW
PREPARED BY!JAYANTH.S " ASST.PROF#AL- AMEEN COLLEGE OF LAWBANGALORE
.
AL -AMEEN COLLEGE OF LAWBANGALOREMODEL ANSWER PAPER JUNE 20166
TH
SEM 5YRS LLBSUBJECT !ADMINISTRATIE LAWD$%&'()*! + H)$%
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1.The main object of the Government in any country is to establish peace and toensure social security. The state , through the instrumentality of law regulates the
conduct of man. Law may be classified into two heads 1) Private law ) Public law..!dministrative law is one of the most important and significant branches of the public law. "t determines the organi#ation, powers, and duties of administrativeauthorities, $nown as %&ecutives or Government 'fficials. !dministrative law islaw relating to
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%arlier it was regarded as the part and parcel of constitutional law . "t witnessedrapid growth and development in the (
th
century, with the e&pansion of Governmental machinery and increase in the disputes between the Governmentand the individuals, most of the cases of the upreme court involve judicial reviewof the administrative action. Therefore rapid growth and development of this branch of law occurred in the (
th
century.
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"n view of its tremendous growth and development , it is very difficult to defineadministrate law , but many attempts are made by jurists, some of them are asfollows*
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!dministrative law is the law that determines the organi#ation , powers, and duties of administrative authorities. !.
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* !dministrative law is that portion of the nation+s legal systemwhich determines the legal status and liabilities of all tate officials , which definesthe rights , and liabilities of individuals in their dealings with public officials andwhich specifies the procedure by which their rights and liabilities are enforced.
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1.The main object of !dministrative Law is to control and regulate theadministrative authorities so that their discretionary powers may not be turned intoarbitrary powers. .The main reason for the rapid growth and development of administrative lawis the radical change of Government+s philosophy from Laisse# faire to welfare
state. This change resulted in the e&pansion of governments functions. Thee&pressions Laisse# aire means individualism, self help, minimum governmentcontrol ma&imum free enterprise.-.ocial welfare state means a state which aims to promote socio economicwelfare of the people .This idea of establishing a welfare state imposed anobligation on the Government to ta$e care of its citi#ens and actuated the growthand development of administrative law .
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ollowings are the reasons for the growth and development of !dministrative Lawin a fast pace1.Present /udicial system is inade0uate and e&pensive. urther , there isinordinate delay in the disposal of cases. or eg, burning problems li$e disputes between %mployer and %mployees, tri$es , Loc$outs etc cannot be solvedamicably through the courts of law . Labor courts and "ndustrial disputes tribunals possess technical $nowledge and e&perience in the respective fields , so that theywill be able to handle such comple& problems amicably and effectively . Thereforemost of the decisions of the upreme court involve judicial review of !dministrative actions..'wing to the lac$ of Legislation in "ndia , it became inevitable to delegatesome powers to the !dministrative authorities.-.The Legislation is rigid in character whereas the administration is fle&ible incharacter. .The !dministrative Tribunals are not governed by the rules of evidence , procedure etc 2as in the case of courts of law) and hence , they can ta$e intoconsideration ,practical view and decide the cases.3.4nli$e the courts of law, !dministrative authorities can ta$e up preventivemeasures without waiting for parties to appear before them with disputes %g.Licensing, 5ate fi&ing etc6.!dministrative !uthorities can ta$e effective steps on persons violating therules of law by suspension, revocation, and cancellation of licenses.