In a modern state, the law can be divided into two categories: public law and private law. Private law pertains to legal relations between individuals, groups, or associations, while public law deals with the relationship between the state and individuals, groups, or associations. Questions about the state’s relationship with individuals fall under public law, including constitutional law, administrative law, criminal law, taxation law, etc. On the other hand, laws regarding contracts, property transfer, and associations are examples of private law because the state is not involved in such relationships. Private law governs the horizontal interaction between actors, that includes individuals, corporate entities, and the state acting in its private capacity.
Indeed, public law is dominant in any well-organized society and the existence of statutory authority under the laws establishes the basis for public law. Generally, the Constitution of the state is the foundation of its basic structure, and as such, constitutional law is responsible for the distribution of power among the Legislature, Executive, and Judiciary branches, as well as for defining the rights and obligations of citizens vis-a-vis the state. Only when the structure of the state is formed and its functions are in line with the laws, can the relationship between the state and its citizens be governed by public laws?
Administrative law, in a broader sense, is mainly based on the constitutional law of the state.
Historically, the evolution of administrative law traces back to the end of the 19th century. Jurist A.V. Dicey, the main propounded of the law defined administrative law in the 19th Century as:
- First, the portion of a nation’s legal system which determines the legal statutes and liabilities of all State officials.
- Secondly, defines the rights and liabilities of private individuals in their dealings with public officials.
- Thirdly, specify the procedure by which those rights and liabilities are enforced.
The expansion of state responsibilities gave rise to the administrative age and an era of administrative law that brought about the concept of the ‘welfare state’ and the decline of the ‘police state’. The government evolved from being laissez-faire to parens Patria. Nowadays, the administrative organs in almost all democratic countries perform a wide range of functions, not just policing and defence but also regulatory and managerial functions. The increase in the powers and duties of administration has led to the treatment of administrative law as a separate subject. This is because the enormous increase in the functions of the administration in the modern welfare state has gradually led to the treatment of administrative law as a separate subject. The expansion of administrative powers and duties has brought it into conflict with individuals at different levels of society, which has led to an increase in the content of administrative law and the need for its treatment distinctively.
The growth of administrative law is mainly driven by the need for the government to have more control over various aspects of human activity, and the corresponding need to regulate the exercise of administrative powers in the interest of the individuals affected by them. As the functions and powers of administration expand, there is a need for control and regulation. While the Legislature can pass laws that apply to everyone, it cannot control how the law is applied to each individual. Therefore, administrative law has become increasingly important in recent times to address issues related to the control of administrative functions. Although administrative law is primarily judge-made and not codified like the Indian Penal Code or the Code of Civil Procedure, it plays a significant role in ensuring the proper functioning of the state. In essence, administrative law concerns the relationship between individuals and the authorities.
By Pooja Tiwari, Research Analyst
