ADMINISTRATIVE LAW | ||||
1. Administrative law is the law relating to the powers and procedures of administrative organs. This branch of law is particularly concerned with the executive and judicial powers conferred by the Legislature on the Administration or the Executive and with the effect of the exercise of those powers on the individuals. 2. The administrative process was brought in the sub-continent by a rapid expansion of governmental activities in various fields during British Rule. In the post-partition era, i.e. after 1947, the inevitability of the process was accepted by the constitution-makers of Pakistan. The post-partition years have seen the emergence of administrative tribunals, boards and agencies widely differing from one another in constitution, powers and procedure. This process did not escape the notice of the constitution-makers in Bangladesh. In part-II of the Constitution of Bangladesh, the chapter on ‘Fundamental Principles of State Policy’, enjoys the State to direct its policy towards securing that the ownership and control of the material resources of the community are so distributed as best to sub verse the common good and that the operation of economic system does not result in the disparity in the standard of living between the urban and the rural areas. These constitutional provisions have sanctioned the operation of administrative ad judicatory authorities. 3. Bangladesh has introduced economic planning in order to achieve economic growth-a process in which the state is directly taking part through the public and semi-public sectors. This necessitated re-organization of the expansion of administrative machinery to meet the requirements of its expanding role. Thus in response to the needs for economic development, changes in the administrative organization of the Government of Bangladesh have taken place from time to time. New ministries have been created to deal specially with urgent problems. The net result of the development has been a State-intervention in economic activities. In order spheres, the intervention has taken more direct role either in the form of nationalization as in the case of banking, insurance, and some industries, or through the creation of public corporation. There are statutory bodies like the Power Development Board, the Rural Development Board, Road Transport Corporation etc. enjoying varying degrees of autonomy and independence. There are also departmental authorities like the Income Tax authorities, the Customs authorities, the Controller of Import and Export, the Film sensor board. These are of common local authorities or local government like Municipalities and Union Parishad. The direct result of all these have been the growth of administrative adjudication of claims or rights of private individuals which is in some way a technique of adjudication better fitted to respond to the requirements of the time than the lengthy and costly system of decision provided by litigation in the ordinary courts of law. |
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