Regulating The Unbelievable: Administrative Law And Crisis Management In Bhopal
- IJLLR Journal
- Jul 24
- 2 min read
Sakshi Kirad, Vivekananda Institute of Professional Studies - Technical Campus
ABSTRACT
Administrative law plays a crucial role in ensuring effective governance, it is the study of law that governs the activities of the administrative agencies of government especially in times of crisis. It governs the powers, functions, and responsibilities of public authorities, and ensures that their actions are lawful with transparency and accountability to public.
This research paper highlights the role of administrative law in managing the industrial crisis especially focusing upon the Bhopal Gas Tragedy of 1984. The paper analyses the how administrative law principles, including licensing, inspection, and environmental regulations, were applied before and after the disaster. In this study, the different acts and amendments were passed by the Indian parliament such as The Environment Protection Act, 1986,
Amendments to the Factories Act (1948), Public Liability Insurance Act (1991), Bhopal Gas Leak Disaster Act (1985) etc. The paper aims to study the factors critical in administrative law. The paper emphasizes the reasons such as regulatory Gaps and Weak Enforcement, Negligence in Licensing and Oversight, Lack of Disaster Preparedness etc. This paper also describes the response of government to Bhopal Gas Tragedy and the evolution of administrative law post Bhopal Tragedy. The paper discusses the challenges and limitations during the gas tragedy such as delay in addressing claims, lack of environmental regulations, weak enforcement and monitoring, and limited liability and accountability. This research paper also talks about the case law of Union of India v. Union Carbide corporation and MC Mehta case etc.
In conclusion, the research paper argues that while administrative law can provide a framework for preventing and managing industrial disasters, its effectiveness is heavily reliant on strong enforcement, transparency, and accountability mechanisms. The Bhopal Gas Tragedy serves as an absolute reminder of the consequences when these principles are lacking.
Keywords: Administrative, Governance, Responsibilities, Tragedy, Environment, Disaster
