ADMINISTRATIVE LAW VIS-À-VIS GOVERNMENT CONTRACTUAL LIABILITY: A LEGAL AND JUDICIAL PREVUE

Abstract

According to Durga Das Basuthe administrative law is branch of “public law”. It deals with the relation of individuals with the state and other public bodies and the Administrative law is distinguished from “private law” which deals with the rights and liabilities of private individuals in relation to one another. It has very close relation to the constitutional law as was observed by Keith that “It is logically impossible to distinguish administrative from constitutional law and all attempts to do so are artificial”. Thus, today, the Administrative law is separate branch of law, and a separate subject for study, even though at points it may overlap with the scope of constitutional law.

To grasp the scope of administrative law must come to grip with two concepts that are Separation of powers and Rule of law.the separation of powers seek to control and check the exercise of governmental powers and rule of law  Dicey said: “It means, in the first place, the absolute supremacy or predominance of regular law as opposed to the influence of arbitrary power, and excludes the existence of arbitrariness, of prerogative, or even of wide discretionary authority on the part of the government. 

Though administrative law is as old as administration itself since there can’t exist separately in India the early signs and existence of Administrative law could be found in the treaties written during the reign of Muaryas, Guptas , Mughals as well as East India company (modern administrative law). Administrative law signifies the right and liabilities of private individuals in their dealings with public official and also established the procedure by which those rights and liabilities can be enforced by private individuals. It provides the accountability and responsibility of those administrative functions.