Scope of Administrative Law in Bangladesh

American International University-Bangladesh

ASSIGNMENT

COURSE: ADMINISTRATIVE LAW

SUBMITTED TO:
FERDOUSI BEGUM
Senior Lecturer, Department of Law
American International University-Bangladesh (AIUB)
SUBMITTED BY:
Name: MD. NAHID HOSSAIN
ID: 19-40889-2
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Introduction:
Bangladesh is a new name on the global political map. It was born as an independent and
sovereign state on December 16, 1971, from the ashes of a nine-month bloody war for national
independence that began on March 25, 1971. In reality, Bangladesh's independence resulted in
a significant shift in the country's governmental structure. It also had a substantial impact on
the country's administrative law evolution. It was logical that as the number of governmental
activities grew, so did the number of laws that facilitated and controlled their functions.
Administrative Law has progressed in countries all over the world. It has expedited expansion
and facilitated the speed with which a state's functions and activities are carried out.
Administrative Law, which is as old as administration, has played a critical role in establishing
a state as a development and welfare-oriented one. In the absence of administrative Law, a
country like Bangladesh would be a "police state," as before its independence.
Meaning of Administrative Law:

It is true that developing a scientific, clear, and adequate definition of Administrative Law is
difficult. However, different scholars have characterized it in different ways. Administrative
Law is defined as a branch of Law that is concerned with the composition of rights, duties,
power of the various organs of the state. According to Ivor Jennings' Administrative Law is the
Law relating to the administration. It determines the organization, powers, and duties of the
administrative authorities.' K.C Davis states, ' Administrative Law is the Law concerning the
powers and procedures of administrative agencies, including especially the governing judicial
review of administrative action.'
One thing is undeniable that administrative Law is a branch of Constitutional Law that deals
with the powers and duties of administrative authorities, as well as the procedures to be
followed by them when exercising powers and discharging duties, and the remedies available
to an aggrieved person whose rights are violated by such authorities' actions.
Scopes of Administrative Law

The structure, powers, and responsibilities of administrative authorities are governed by
administrative law. Administrative law focuses on formal judgment procedures based on
Natural Justice principles and rulemaking. Administrative law also governs the nature and
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extent of the powers granted to government officials by specific legislation. Through
legislation, the Parliament delegate specific powers and duties to government officials,
allowing them to act on the government's behalf.
The concept of Administrative Law is founded on the following principles:
a) Power is conferred on the administration by law
b) No power is absolute or uncontrolled howsoever broad the nature of the same might be.
c) There should be reasonable restrictions on exercise of such powers depending on the
situation.
Importance of Administrative Law:
The rapid expansion of Administrative Law in Bangladesh is directly related to the expansion
of administrative powers and functions. And the rapid expansion of administrative powers and
functions are, in fact, a byproduct of an intensive form of government that contributes to the
stability and growth of society, the maintenance of social order, and the welfare of mankind by
reconciling power with liberty. Administrative Law now serves an important social function.
And without an excellent administrative law system, Bangladesh's administration would perish
due to its own administrative weight.
The significance of administrative law is discussed further below:
a) Administrative actions are effectively controlled: Administrative action
encompasses all activities aimed at regulating and supervising public affairs, as well as
initiating and maintaining public services. Administrative law defines the actions of
authorities in order to prevent them from abusing their power while providing public
services.
b) Effective information flow: Administrative law is essential for Bangladesh because it
ensures an efficient flow of information between citizens and the government. True,
Bangladesh is a developing country that is still fighting for good governance for its
citizens. Administrative law ensures some of the most important aspects of good
governance, such as transparency, accountability, and participation. Administrative law
allows Bangladeshi citizens to provide feedback on previous administrative actions,
and it also requires government agencies to make certain basic information public and
to provide information when requested.
c) Ensures participatory administration: Administrative law has altered the
relationship between the government and the people of Bangladesh. Previously, citizens
were not directly involved in administration. They were somewhat cut off from the
Administration. There was a large chasm between the administrative organs and the
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citizens of the time. As a result, the people's association is discovered to be essential.
Bangladeshi citizens are inextricably linked to the state administration.
d) Draws jurisdiction of the state: Administrative law is undeniably important in
Bangladesh because it protects citizens' rights against adverse government decisions
and wrongdoing. Administrative law defines the state's authority over its citizens.
Bangladesh's constitution, as a democratic country, guarantees its citizens' freedom.
However, in order to maintain peace and order, the state must control citizens to some
extent. The state may use coercive power from time to time. Administrative law defines
the scope of a state's authority to use coercive power.
e) Efficient administrative system: In the absence of administrative law, a state becomes
authoritarian and undemocratic. Administrative law establishes a balance between
power and liberty. It makes a society just and equitable because it is a law for
administration. Administrative law has long been regarded as a lubricant for the
government. No administration can function effectively without a proper administrative
law. Today's popular belief is that the government's role is to solve people's problems
rather than simply define their rights. If the weaker segments of society go unnoticed,
the development process will cease to exist. Once upon a time, during the laissez faire
doctrine, the government had no verbal liability. However, in today's world, the
government cannot avoid liabilities. Today, the government promotes socio-economic
development and upholds the labor-employee relationship good.
f) Rapid action against domestic issues: Government functions have expanded with the
advancement of science and technology. Modernization and technological
advancement have resulted in significant structural changes in our country. These
structural changes resulted in haphazard urbanization, ruthless exploitation of natural
resources, environmental pollution, rapid transportation and traffic automation, and
economic power concentration, as well as poor health, education, employment, and
training conditions, and incessant labor strikes and lock-outs. Inflation at an all-time
high, accelerated smuggling, widespread corruption, adulteration, tax evasion,
commercial malpractices, violence, and a slew of other issues. Bangladesh's
administration will be unable to effectively address these issues unless a proper
administrative law is put in place.
g) It ensures judicial remedy: Administrative law ensures that a judicial remedy is
available. The judicial branch should be separate from the other branches of
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government. It can't do whatever it wants because it's a free organ. So the functions of
judges, as well as their jurisdiction, are determined here. As a result, a victim can seek
redress through administrative law.
h) Ensures easy access to justice: According to Bangladesh's constitution, every citizen
has the right to equal protection under the law, and citizens have unrestricted access to
the courts if they believe their rights have been violated. However, the functioning
process of these courts is often time consuming, and the general public expects disputes
to be resolved quickly and smoothly. To ensure good governance and better service,
special 'Tribunals' have been established under the jurisdiction of administrative law.
The term tribunals refers to the bodies of men who are appointed to decide disputes
between parties. Domestic tribunals and statutory tribunals are the two types of
tribunals in Bangladesh.
i) Strengthening the rule of law: The rule of law is required for a country to be stable.
Administrative law broadens the scope of the rule of law. The rule of law is currently
one of the most debated topics in developing countries. Developed countries and donor
agencies constantly advise developing countries on how to achieve sustainable
development and good governance. Actually, the main focus is on sustainable
development and good governance.
j) Ensure Balance of power: Administrative law defines the authority of various
branches. Each branch has its own set of rules. In order to maintain a smooth flow of
work among government agencies, the balance of power should be transparent.
Administrative law, on the other hand, describes the functions of the government.
Administrative law is being criticized in Bangladesh:

In Bangladesh, there have been some criticisms of administrative law. Bangladesh has a
plethora of laws, but the majority of them are dormant. The Ombudsman, for example, is
responsible for overseeing the activities of all three branches of government: executive,
legislative, and judicial. However, it is deeply regrettable that no one has yet been appointed
as an ombudsman. Complex administrative law makes it difficult to ensure equal justice for all
because a few absurd administrative laws allow corrupt administrative officials to evade
prosecution. Simplified administrative law, on the other hand, would capture and punish them.
Conclusion
Finally, it is clear that the paradoxical-prolific expansion of administrative powers and
functions in Bangladesh is a necessary evil for the smooth operation of the state and, ultimately,
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the promotion of social welfare and human freedom. On the other hand, it places potential
threats to functional coherence and congruity with people's rights and dignity in jeopardy. As
a result, an impartial checking system is critical for striking a balance in the matrix of public
authorities.
Optimistically, a viable judicial control mechanism would provide an effective check on
bureaucratic adventurism and encourage administrative instrumentalities to act as legally valid
and socially wise, and just. Such a condition would optimally help the society grow with liberty
and dignity.
Administrative law is crucial in determining the state of law and order in Bangladesh.
Administrative law is an important tool for ensuring democracy in Bangladesh. Administrative
law allows citizens of Bangladesh to seek redress if they believe administrative organs are not
properly serving them and have violated their rights. So, even if a developing country like
Bangladesh is grappling with major issues such as poverty and illiteracy, administrative law is
required to ensure equality, accountability, good governance, and, most importantly, social
welfare.1
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Is Administrative Law Important For Developing Country Like Bangladesh, Zahid Hasan
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American International University-Bangladesh

COURSE: ADMINISTRATIVE LAW

Meaning of Administrative Law:

Scopes of Administrative Law

Administrative law is being criticized in Bangladesh:

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