c. Importance of Administrative Law
(Source: Shyam Kumar Bhattarai, ‘Administrative Law Content and Context’, Sopan Monthly Makalu Publication House, 2020, pp. 8)
- It ensures the rule of law by insisting that the powers given to various legal functionaries should be used for the given purpose.
- It establishes the necessary framework to ensure an effective governance system.
- It specifies the responsibility of administrative agencies and its officials.
- It makes accountable administration and provides a fundamental basis to establish the rule of law.
- It controls the abuse or misuse of power and expects a law-abiding culture.
- It controls the arbitrariness of state institutions.
- It ensures the effective delivery of public service.
- It has been materializing the concept of the welfare state.
Main importance of administrative law: (Source: B. P. Acharya, ‘ADMINISTRATIVE LAW’, Pairavi Books & Stationery Centre, 2002, pp. 16-19). The importance of administrative law can be divided into three categories, they are: -
- Pure executive importance – it gives guideline, command, and direction to the public administration.
- Quasi legislative importance – it includes rules and by-laws making power, which is given by the legislature. Such as delegated legislation.
- Quasi judiciary importance – to fulfill the administrative process and give the social justice it carries out the adjudicatory authority.
Supportive importance of administrative law:
- Social Importance – regulates all aspects of social services like water, education, defense, security and basic needs.
- Eco-Importance – maintain budgetary discipline, check upon the account system and create employment, equal opportunity for the citizens.
- Political Importance – assist in the regulation of the national and international policies, laws
Role and functions of administrative law:
- It enables the task of the government to be performed.
- It governs the relationship between various administrative agencies.
- It governs the relationship between an administrative agency and those who are entrusted with power.
The other importance of administrative laws is: -
a) It decreases pressure upon parliamentary time.
b) Technicality
c) Flexibility,
d) Experiment,
e) Emergency,
f) Complexity of modern administration.
g) It can take preventive measures, e.g. licensing, rate fixing, etc. unlike regular courts of law they have not to wait for parties to come before them, with disputes.
h) It plays a vital role in implementation of fundamental Rights of people.
i) It works for the welfare of people in society.
