1. Meaning and Definition
Administrative Law is a branch of public law that deals with the organization, functions, and powers of administrative authorities. It ensures that these authorities operate within the confines of law and do not abuse their powers. The primary objective of administrative law is to maintain a balance between individual rights and the interests of the state.
Definitions
- Ivor Jennings: Administrative law is “the law relating to the administration. It determines the organization, powers, and duties of administrative authorities.”
- Wade & Forsyth: Administrative law is concerned with the control of government powers, ensuring legality, reasonableness, and procedural fairness.
- Dicey’s View: A.V. Dicey, in his book Introduction to the Study of the Law of the Constitution, emphasized the Rule of Law and denied the existence of administrative law in England. However, modern scholars reject this view as administrative law is essential for good governance.
2. Historical Evolution of Administrative Law
England
- The concept of administrative law emerged in England with the growth of the welfare state.
- The Judicial Review system developed as a means to control administrative actions.
- Key cases like Entick v. Carrington (1765) established the principle that the executive must have legal authority for its actions.
France
- The French system follows the Droit Administratif, where administrative courts such as the Conseil d’État (Council of State) have jurisdiction over administrative disputes.
- The system was formalized by Napoleon Bonaparte.
India
- India adopted administrative law through British influence.
- The Constitution of India, 1950, provides various provisions ensuring the legality of administrative actions.
- The Sarkaria Commission (1983) recommended administrative reforms to ensure better governance.
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3. Sources of Administrative Law
1. Constitution of India
- The Constitution is the supreme source of administrative law in India.
- Article 14 (Right to Equality) ensures non-arbitrary administrative actions.
- Article 32 & 226 provide judicial remedies against administrative excesses.
2. Statutes & Delegated Legislation
- The Administrative Tribunals Act, 1985
- The Right to Information Act, 2005
- The Environment Protection Act, 1986
3. Judicial Decisions
- Indian courts have played a vital role in shaping administrative law.
- A.K. Kraipak v. Union of India (1970) introduced the concept of Natural Justice in administrative actions.
- Maneka Gandhi v. Union of India (1978) expanded the scope of Article 21 (Right to Life and Liberty).
4. Customs and Conventions
- Administrative practices and customs also shape the development of administrative law.
4. Principles of Administrative Law
1. Rule of Law
- Propounded by A.V. Dicey.
- Ensures that no one is above the law.
- Case Law: Kesavananda Bharati v. State of Kerala (1973).
2. Separation of Powers
- Proposed by Montesquieu.
- Ensures independence between the Executive, Legislature, and Judiciary.
- Case Law: Indira Nehru Gandhi v. Raj Narain (1975).
3. Natural Justice
- Audi Alteram Partem – Right to be heard.
- Nemo Judex in Causa Sua – No one can be a judge in their own cause.
- Case Law: Union of India v. Tulsiram Patel (1985).
4. Judicial Review
- Ensures that administrative decisions are lawful.
- Case Law: S.P. Sampath Kumar v. Union of India (1987).
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5. Administrative Tribunals
Administrative tribunals are quasi-judicial bodies that resolve disputes related to administrative actions.
Key Features
- Less formal than courts.
- Governed by the Principles of Natural Justice.
- Examples: Central Administrative Tribunal (CAT), Income Tax Appellate Tribunal (ITAT).
Important Case Laws
- L. Chandra Kumar v. Union of India (1997) – Upheld the power of High Courts over tribunals.
- S.P. Sampath Kumar v. Union of India (1987) – Recognized tribunals as an alternative to High Courts.
6. Delegated Legislation
Delegated Legislation refers to the power given to administrative authorities to make rules and regulations.
Types of Delegated Legislation
- Conditional Legislation – Conditions imposed by the legislature.
- Delegation by Inclusion – Additional provisions made by the executive.
Judicial Control over Delegated Legislation
- Ramesh Birch v. Union of India (1989) – Struck down excessive delegation.
- Delhi Laws Act Case (1951) – Defined limits of delegation.
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7. Conclusion
Administrative law plays a crucial role in ensuring transparent governance. It safeguards individuals from arbitrary actions while empowering the state to function efficiently. With the evolving needs of society, administrative law continues to develop through judicial pronouncements, legislative changes, and international influences.
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