There are many reasons as to why administrative law is necessary for the growth and development of the State functioning namely -
There are mainly eight various sources which form a base of this law such as (a) Judicial decisions, (b) Statutes, (c) The Constitution, (d) Committee reports, (e) Rules, regulations etc. (f) Administrative Practice, (g) Rules of natural justice and (h) Ubi Jus Ibi Remedium which means Where there is a right, there is a remedy.
This forms the foundation on which England’s unwritten constitution is entirely based on. Constitutions of the USA and India also incorporates this doctrine. With a different perspective, one can say that the base of administrative law forms the principle of the Rule of law. When Sir Edward Coke, the Chief Justice during the period of James I ruling as King in England, maintained successfully that even the King was subjected to the law, thus having the supremacy of the law over the executive.
It was Professor A.V. Dicey, who explained this doctrine in his treatise, The Law and the Constitution back in 1885. He affirmed that the Rule of law is the most fundamental principle of the English Legal system. He has explained this doctrine with the help of three different but interrelated concepts, such as:
Demerits of Dicey’s Theory
This doctrine has helped to keep the administrative authorities in limits. However, there have been many criticisms or loopholes regarding this principle. As regards to the first principle, he puts discretionary power in the same boat as arbitrary power. For any state to function effectively, every department needs to have certain discretionary powers vested in them for better enforcement. As regards to the third principle, Dicey over judged the unwritten constitution. A written constitution, and a strong judiciary go a long way in safeguarding the fundamental rights of the citizens of the country.
Irrespective of the loopholes or pitfalls in principle, it has been observed that this doctrine comes very handy while protecting the citizens interests and preventing any misuse or abuse of the powers exercised by the administrative authorities and the arbitrary or capricious acts of the executives. Therefore, it aims that the judiciary should deliver justice without fear or favour.
We can conclude only by saying that for better functioning of the State, i.e. for continuing its welfare activities, both administrative law and the rule of law are essential. Today, administrative law has grown by leaps and bounds in India. It only states that in India, the Constitution is paramount and not the Parliament, unlike England where the Parliament and not the judiciary is supreme. Administrative law steps in to keep abreast of the authorities that they use their powers and discretion for the purpose for which it was vested to them originally.
As far as the Rule of law is concerned, which forms the foundation for the Constitution of India is synonymous with the fundamental rights and liberties of a citizen in a democratic State. The recognition of this doctrine has been widely observed in the Report of the Committee on Minister’s Powers.
Bail reforms present a historic as well as a challenging tool. Bail is an instrument which permits courts to minimise the intervention on defendant’s liberty and at the same time assure the appearance of the offender with the help of a bond
Strict liability may be a theory that imposes an obligation for damages or injuries, notwithstanding the one that was found strictly liable failed to act with fault or negligence.
The Doctrine of Immunity of State Instrumentalities was first put forth in the US Supreme Court. In India, The Doctrine of Immunity of State Instrumentalities finds its application with respect to immunity from taxation of states by states.