History Of Administrative Law In India

Elakkiya M, B.A.LL.B. (Hons.), The Tamilnadu Dr. Ambedkar Law University, School of Excellence in Law, Chennai

ABSTRACT

Prior to the advent of colonial rule, India was governed by its own unique systems of justice and governance, with each community and region having its own set of rules. However, the British colonization of India brought about a more structured and centralized administrative system, complete with laws and administrative bodies. Following India’s independence in 1947, the nation established its own constitution in 1950, outlining the workings of the government and incorporating principles of administrative law. As the government began to assume more responsibilities, such as education and healthcare provision, administrative law in India began to expand. The expansion of administrative law in India was driven by several factors. The judicial system, responsible for legal matters, had its limitations due to its slow and complex nature. As a result, specialized tribunals and authorities were established to address specific issues. Similarly, the legislative process also had its limitations, as it couldn’t detail every rule and procedure, leading to some powers being delegated to administrative authorities. Significant legal cases, such as those of Kesavananda Bharati and Maneka Gandhi, played a pivotal role in shaping India’s administrative law. Presently, contemporary issues such as corruption, transparency, and efficiency in government processes pose challenges that need to be addressed by effective laws and regulations to ensure fair and effective governance. In essence, the evolution of administrative law in India has been a journey from ancient customs through colonial rule to independence and the development of laws that govern the workings of the government. It is a testament to adaptability and change in response to the needs of the people and the nation.