Ques: Explain the concept of administrative adjudication.
Discuss the factors giving rise to the need for administrative adjudication.
Ans: Administrative adjudication is a quasi judicial
function undertaken by the administration to solve the issues arising out due
to administrative actions.
During the early years of 19th
century and under the influence of welfarism, the state got bigger and
undertook a large number of functions. Naturally, it resulted into increased
conflicts between the state and the members of the civil society. In addition,
issues within the administration also increased. Hence, the judiciary got
overburdened.
Also, the members of the judiciary although were experts in
the field of law but had limited knowledge of administrative procedures, rules
and regulations. Therfore, judiciary needed to include experts of
administration in the judicial process so as to effectively solve the issues
arising out of administrative action. Secondly, the administration was
experiencing fast and dynamic changes and so administrative actions needed
flexibility. The flexible administration needed to be backed by a flexible
judicial process. The judicial process being rigid needed to change its
character towards becoming emphatetic to the requirements of administration. Besides,
the increased number of cases resulted into increased expenditures of the state
and the whole judicial process started becoming inefficient. Hence, a need was
felt to device an efficient mechanism for faster disposal of the cases.
Subsequeltly, Administrative courts were setup
in different countries of the world and presently every country whether
belonging to the continental law system or common law system has its own system
of administrative adjudication.
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