Administrative law

This edition is not only substantially revised and re-edited but also contains several chapters which were written afresh. There are new additions such as the material on regulatory authorities, which have come up since India moved from command economy to market economy. Administrative law is a fast growing subject and has grown not only through judicial decisions but also through new legislation. While administrative law in the earlier period was concerned more with the powers of the State and its authorities, today it is concerned more with the powers of the people and opportunities for their participation in governance. Governance has to be transparent, participatory and accountable. Administrative law subserves all these ends. More and more decisions are required to be taken after hearing the persons likely to be affected, public hearings are also required where policy decisions regarding development are to be taken. Judicial review has become more penetrating and participatory. Discretionary powers are no longer the safe refuge for administrative arbitrariness. There has been much more penetrating judicial inquiry into how discretionary powers are used and the State and its functionaries have been made liable for the acts which cause harm to the people. While the Freedom of Information Act has been passed by Parliament and its coming into force is awaited, legislation for the protection of the whistle blowers will have to be on the agenda of the new government which came into office in May 2004. The Supreme Court of India has recognised several rights of the people through its decisions and has facilitated access of the common man to judicial remedies. New control mechanisms such as Lokpal are likely to be instituted. Although corruption and criminalisation of politics have increased, civil society's concern for good governance is also increasing. Ultimately administrative law requires a strong culture of legalism. The fact that several civil society action groups are taking up cudgels against illegal behaviour of the authorities and using legal methods for that purpose is indicative of the growth of such culture.