| Summary, etc. |
Administrative law is public law on line. Within the constitutional framework it has been structured and raised on the foundations of citizens' freedoms and thele Juro-legal rights against the State, its authorities and instrumentation. It declares and articulates the State powers legislative, executive and governance, judicial, and essential principles of administration, power, policy activism, discretion. actions, decisions and decisional processes of government. On one hand it provides means of parliamentary control over extent and exercise of administrative powers, and intra administration checks over one administrative authority as against another. On the other hand, it provides judicial recontrol of administrative authority and actions. On the one hand it declares the procedures, methods of saving the citizens from administrative arbitrariness, discriminative, unfair decisions. biased administrative determinations, and on the other hand it promotes natural law and justice, and the rules of law. It does not enforce and safeguards the proprietary relations of one against the other individual-or an association of individuals, or guards against breaches of contract, or against tortious acts of one against the other. Neither it adopts the established civil procedures, nor does it provide known civil remedies. It weighs individual interest as against public interest, and the extent of Inconsistency but prefers to enforce the latter. Neither it provides mandatory resolution of Inter-personal adversorial disputes, nor provides any remedies of suit. injunction, or actions for damages liquidated damages for breach of contract, or unliquidated damages in respect of tort. The procedures and reliefs provided by administrative law against State action, decisions and determinations are to an extent possibly statutory, or unwritten and evolved by the provisions of the Constitution, administrative authorities or tribunals, and are such as approved and declared by the Supreme Court or other High Courts on condition of consistency with the constitutional policy and objective, and the rule of law. It discards lifeless technicalities of Code procedures, and is activated by necessities of speedy or quick resolution of the State-citizens clashes and conflicts subject to administrative immunities and savings of the administrative action, provides speedy relief by way of review of administrative actions and acts, and writs of mandamus, Certiorari, prohibition, quo warranto and habeas corpus issueable against the State and authorities of government.<br/><br/>The present book is author's feeble effort to articulate some of these changes within limits of understanding and intellect. Without divulging so much academics, he makes a feeble attempt to treat the subject as an instrument of State activism unitarianism and implementation tool for fundamental principles of State policy. To an extent, review and revision of the book stresses the law in action where is the basis of administrative law. The apt reference of the provision of the Constitution and relevant statutory law are made. The postulates of administrative law are imperfectly stated, as can be culled out of the statutory law and the law declared by the Supreme Court in any number of judgments and pronouncements in respect of certain issues and questions. Like the American Administrative Law, and very much like the Administrative law of the Commonwealth countries, the Indian Administrative Law too has thrown up an urgency for finding: legal solutions for administrative delegation, discretion and decisions, unavoidable discrimination, need for transparency and accountability in decision making. administrative lapses including administrative corruption and what not in matters of basic legal remedies writ petitions, and frivolous practices. |
