Principles of Administrative Law
Administrative law is governed by several fundamental principles that ensure fairness, accountability, and efficiency in administrative actions. These principles serve as a check on administrative authorities and protect individuals from arbitrary government actions.
1. Rule of Law: Supremacy of Law
The Rule of Law is the foundation of administrative law, ensuring that all government actions must be based on law and not on personal discretion.
Key Features:
- No person is above the law, including government officials.
- Every action of the administration must have legal authority.
- The law must be applied equally to all individuals.
Case Laws on Rule of Law:
- A.D.M. Jabalpur v. Shivkant Shukla (1976) (Habeas Corpus Case)
- The Supreme Court controversially ruled that during an emergency, fundamental rights could be suspended. This was later overruled in K.S. Puttaswamy v. Union of India (2017).
- Indira Nehru Gandhi v. Raj Narain (1975)
- The principle of Rule of Law was upheld, and arbitrary amendments to election laws were struck down.
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2. Doctrine of Separation of Powers
The doctrine ensures that the three branches of government—Legislature, Executive, and Judiciary—function independently to prevent abuse of power.
Key Features:
- The Legislature makes laws.
- The Executive implements laws.
- The Judiciary interprets and applies laws.
Case Laws on Separation of Powers:
- Kesavananda Bharati v. State of Kerala (1973)
- Held that separation of powers is part of the Basic Structure Doctrine, which cannot be altered.
- Ram Jawaya Kapur v. State of Punjab (1955)
- The Supreme Court ruled that a strict separation is not followed in India but each organ must respect the functions of the other.
3. Natural Justice: Fairness in Administrative Actions
The Principles of Natural Justice ensure that administrative actions are fair, unbiased, and provide individuals a chance to present their case.
Three Main Principles of Natural Justice:
- Nemo Judex in Causa Sua – No one shall be a judge in their own cause (Rule against Bias).
- Audi Alteram Partem – The right to be heard.
- Reasoned Decision – Every decision must be supported by reasons.
Case Laws on Natural Justice:
- A.K. Kraipak v. Union of India (1969)
- Held that principles of natural justice apply to both administrative and quasi-judicial functions.
- Maneka Gandhi v. Union of India (1978)
- The government must provide a reason before restricting a person’s rights.
4. Writs as a Remedy Against Administrative Actions
The Constitution of India provides writ jurisdiction under Article 32 (Supreme Court) and Article 226 (High Courts) to protect citizens from arbitrary administrative actions.
Types of Writs in Administrative Law:
- Habeas Corpus – To release a person unlawfully detained.
- Mandamus – To compel an authority to perform a duty.
- Certiorari – To quash an illegal order of a lower court or tribunal.
- Prohibition – To prevent a lower court from exceeding its jurisdiction.
- Quo Warranto – To challenge the legal authority of a public officeholder.
Case Laws on Writs:
- Bihar Legal Support Society v. Chief Justice of India (1987)
- Expanded the scope of writ jurisdiction in Public Interest Litigation (PIL).
- S.P. Sampath Kumar v. Union of India (1987)
- Emphasized the role of judicial review in controlling administrative actions.
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5. Doctrine of Legitimate Expectation
The doctrine protects individuals from sudden changes in government policy by ensuring that administrative actions do not violate reasonable expectations.
Key Features:
- If a public authority has promised a benefit, individuals can expect it to be fulfilled.
- Changes in policy should not be abrupt or unfair.
Case Laws on Legitimate Expectation:
- Navjyoti Coop. Group Housing Society v. Union of India (1992)
- Recognized that government actions must be consistent with prior commitments.
- Union of India v. Hindustan Development Corporation (1993)
- Legitimate expectation applies only when the policy change is arbitrary and unfair.
6. Doctrine of Proportionality
The principle ensures that administrative actions must be proportional to their objectives and should not be excessive or harsh.
Key Features:
- The punishment or action should be appropriate to the wrongdoing.
- Authorities must consider alternatives before imposing harsh measures.
Case Laws on Proportionality:
- Om Kumar v. Union of India (2001)
- Applied the doctrine of proportionality in disciplinary actions against government employees.
- State of Tamil Nadu v. Ananthi Ammal (1995)
- Government actions should not be disproportionate to the intended benefit.
7. Delegated Legislation and its Control
Administrative agencies derive their rule-making power from the parent statute passed by the legislature. However, delegated legislation must not exceed its limits.
Control Mechanisms:
- Parliamentary Control – Review and approval by the legislature.
- Judicial Review – Courts ensure that rules do not violate constitutional principles.
- Procedural Safeguards – Public participation and publication requirements.
Case Laws on Delegated Legislation:
- Indian Council of Legal Aid & Advice v. Bar Council of India (1995)
- Stressed that administrative rules cannot go beyond the parent statute.
- Avinder Singh v. State of Punjab (1979)
- Held that delegated legislation must be reasonable and fair.
8. Judicial Review of Administrative Actions
Judicial review ensures that administrative actions conform to constitutional and legal principles.
Grounds for Judicial Review:
- Illegality – Action taken without legal authority.
- Irrationality (Wednesbury Principle) – Decision is unreasonable.
- Procedural Impropriety – Violations of due process and natural justice.
Case Laws on Judicial Review:
- State of U.P. v. Raj Narain (1975)
- Affirmed the power of courts to review administrative decisions affecting fundamental rights.
- Tata Cellular v. Union of India (1994)
- Stated that courts should not interfere in administrative decisions unless they are arbitrary or illegal.
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Conclusion
The principles of administrative law ensure fairness, accountability, and transparency in governance. Concepts such as Rule of Law, Separation of Powers, Natural Justice, Legitimate Expectation, and Judicial Review protect individuals from arbitrary administrative actions. By upholding these principles, administrative law maintains a balance between governmental authority and individual rights.
