Administrative police line was real inwards Republic of Republic of India fifty-fifty inwards ancient times. Under the Mauryas too Guptas, several centuries earlier christ, at that spot was good organised too centralise Administration inwards India.
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The dominion of "Dharma" was observed past times kings too Administrators too nobody claimed whatever exemption from it. The basic regulation of natural judge too fair play were followed past times the kings too officers every bit the direction could live on run exclusively on those principles accepted past times Dharma, which was fifty-fifty a wider give-and-take than "Rule of Law" or "Due procedure of Law", Yet, at that spot was no Administrative police line is existence inwards the feel inwards which nosotros written report it today.
With the institution of East Republic of Republic of India society (EIC) too trial of the British Rule inwards India. The powers of the authorities had increased. Many Acts, statutes too Legislation were passed past times the British authorities regulating populace safety, health, morality carry too labour relations. Practice of granting Administrative licence began amongst the State Carriage Act 1861. The root populace firm was established nether the Mumbai Port Trust Act 1879. Delegated legilsation was accepted past times the Northrn Republic of Republic of India Canal too Drainage Act, 1873 too Opium Act 1878 proper too effective steps were taken to regulate the merchandise too traffic inwards explosives past times the Indian Explosives past times the Indian Explosives Act 1884.
In many, statutes, provisions were made amongst regard to holding of permits too licences too for the village of disputes past times the Administrative authorities too Tribunals.
During the Second World War, the executive powers tremendously increased Defence of Republic of Republic of India Act, 1939 too the rules made thereunder conferred ample powers on the belongings of an private amongst niggling or no judicial command over them, In add-on to this, the authorities issued many orders too ordinances, roofing several matters past times means of Administrative instructions.
Since independence, the activities too the functions of the authorities cause got farther increased. Under the Industrial Disputes Act 1947, the Minimum Wages Act 1948 of import social security measures cause got been taken for those employed inwards Industries.
The philosophy of a welfare field has been specifically embodied inwards the constitution of India. In the constitution itself, the provisions are made to secure to all citizens social, economical too political justice, equality of condition too opportunity. The ownership too command of textile resources of the club should live on then distributed every bit best to subserve the mutual good. The functioning of the economical organization should non outcome inwards the concentration of all these objects.
The field is given ability to impose reasonable restrictions fifty-fifty on the Fundamental Rights guaranteed past times the constitution.
In Fact, to secure those objects, several steps cause got been taken past times the parliament past times passing many Acts, e.g. the Industrial (Development too Regulation) Act 1951, the Requisitioning too Acquisition of Immovable Property Act 1952, the Essential Commodities Act, 1955. The Companies Act 1956, the Banking Companies (Acquisition too Transfer of undertakings) Act, 1969. The Maternity Benefits Act, 1961, The Payment of Bonus Act 1965, The Equal Remuneration Act 1976, The Urban Land (ceiling too Regulation) Act 1976, The Beedi Worker's Welfare Fund Act, 1976 etc.
Even, spell interpreting all these Acts too the provisions of the constitution, the judiciary started taking into consideration the objects too ideals social welfare. Thus, inwards Vellunkunnel Vs. Reserve Bank of Republic of Republic of India AIR) 1962 SC137), the Supreme Court held that nether the Banking Companies Act, 1949 the Reserve Bank was the sole guess to attain upward one's heed whether the affairs of a Banking society where beingness conducted inwards a means prejudicial to the depositors, involvement too the courtroom had no pick but to transcend an monastic enjoin of winding upward every bit prayed for past times the Reserve Bank.
Again, inwards field of Andhra Pradesh Vs. C. V. Rao, (1975) ii SCC 557 dealing amongst departmental inquiry, the Supreme Court held that the jurisdiction to number a writ of certiorari nether Article 226 is supervisory inwards nature. In is non an appellate courtroom too if at that spot is about evidence or tape on which the tribunal had passed the order, the said findings tin non live on challenged on the the world the evidence for the same is insufficient or inadequate. The adequacy or sufficiency of evidence is inside the exclusive jurisdiction of the tribunal.
Similar see was taken inwards K. L. Shinde Vs State of Mysore, (AIR 1976 SC 1080) In Shrivastava Vs Suresh Singh (AIR 1976 SC 1904), The Supreme Court observed that inwards matters relating to questions regarding adequacy or sufficiently of preparation the goodness sentiment of populace service committee would live on to a greater extent than frequently than non accepted past times the court.
Very Recently, inwards State of Gujrat Vs. M. I. Haider Bux (AIR 1977 SC 594), The Supreme Court held that nether the provisions of the Land Acquisition Act, 1994, Ordinarily, authorities is the best authorisation to attain upward one's heed whether a detail purpose is a populace purpose too whether the dry ground tin live on acquired for the purpose or not.
Thus, on the ane hand, the activities too powers of the authorities too administrative authorities cause got increased too on the otherhand, at that spot is corking postulate for the enforcement of the dominion of police line too judicial review over these powers, then that the citizens should live on costless to relish the freedom guaranteed to them past times the constitution. For that purpose, provisions are made inwards the statutes giving correct of appeal, revision etc. too at the same fourth dimension extra-ordinary remedies are available to them nether Article 32, 226 too 227 of the constitution of India. The Principle of judicial review is every bit good accepted inwards our constitution, too the monastic enjoin passed past times the administrative authorities tin live on quashed too laid upward aside if they are malafied or ultravires the Act or the provisions of the constitution.
And if the rules, regulations or orders passed past times these authorities are non inside their powers, they tin live on declared ultravires, unconstitutional, illegal or void.
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