Abstract

Resources are limited. Needs are unlimited. In such a scenario where the resources are not enough even to fulfill peoples’ needs, let alone greeds, India, with it’s ever increasing population and ever increasing wants, needs to ensure a perfect and suitable mechanism for distribution of it’s resources so that all the strata and sections of the society, get their fair share of it. This fundamental theory of economics is the basis on which the entire and the basic foundation of administrative law has been built upon. The important question which arises in such a situation is who is to distribute such resources? On what basis, are such limited resources distributed? Is it the purchasing or buying capacity that decides their share in such resources or does such distribution take place equally among all the citizens irrespective of their purchasing power. Thus the basic question that needs to be answered here is whether the form of society is capitalistic or socialistic?This is where, the state or the government comes into picture. These activities that the state performs, for the protection and promotion of the economic and social well-being of its citizens are known as social welfare activities and that such a state is known as the social welfare state. This article aims to bring about an insight into the facets of administrative law that deal with such models of the government. The level of interference that the state has had, over the individual and the resources has been changing over time and this change has led to the transition from the laissez faire form of society to the social welfare state. Another important aspect that the article deals with, is how the Constitution or in specific the Directive Principles of State Policy envisage or postulate the goal of a welfare state. In addition the article also deals with in detail, the criticisms with respect to both laissez faire and social welfare system of society. It is also essential for us to emphasize and appreciate, the various functions that the state undertakes to make sure that the country is governed in an efficient and effective manner. A detailed study of the same helps us in understanding the various terms and aspects that led to the development of the term ‘Administrative Law’. Also highlighted, by the way of an illustration are the pros and cons of such a welfare state and whether the social welfare structure followed in India is a feasible, viable and practical option for it.

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