Sources of Administrative Law
Administrative law derives its authority from various sources, including constitutional provisions, statutes, judicial decisions, and customs. These sources collectively establish the framework within which administrative agencies operate, ensuring legal compliance, accountability, and protection of citizens’ rights.
1. Constitution of India – The Primary Source
The Indian Constitution is the supreme law of the land and provides the fundamental basis for administrative law. Several provisions under the Constitution regulate administrative actions:
Key Constitutional Provisions
- Article 14 (Equality Before Law)
- Ensures that administrative actions are not arbitrary and conform to the principles of equality and fairness.
- Case Law: E.P. Royappa v. State of Tamil Nadu (1974) – Introduced the doctrine of arbitrariness, stating that state actions must be fair and reasonable.
- Article 19 (Fundamental Freedoms)
- Administrative regulations cannot infringe on fundamental rights such as freedom of speech, movement, and profession.
- Case Law: Romesh Thapar v. State of Madras (1950) – Struck down an administrative order that violated the right to free speech.
- Article 21 (Right to Life and Personal Liberty)
- Any administrative action affecting personal liberty must be just, fair, and reasonable.
- Case Law: Maneka Gandhi v. Union of India (1978) – Strengthened procedural fairness in administrative actions.
- Articles 32 & 226 (Judicial Review through Writs)
- The Supreme Court and High Courts can review administrative actions and issue writs like Habeas Corpus, Mandamus, Certiorari, Prohibition, and Quo Warranto.
- Article 323A & 323B (Administrative Tribunals)
- Established tribunals for quick and effective resolution of administrative disputes, reducing the burden on regular courts.
- Case Law: L. Chandra Kumar v. Union of India (1997) – Upheld judicial review of tribunal decisions by High Courts and the Supreme Court.
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2. Statutory Law (Legislations and Enactments)
Statutes or legislations passed by Parliament and State Legislatures provide the legal framework for administrative bodies. Some important legislations include:
Key Administrative Laws in India
- Administrative Tribunals Act, 1985 – Establishes tribunals to adjudicate disputes involving public servants.
- Right to Information Act, 2005 – Empowers citizens to seek information from government bodies, ensuring transparency.
- Prevention of Corruption Act, 1988 – Regulates the conduct of public servants and aims to curb corruption.
- Lokpal and Lokayuktas Act, 2013 – Establishes anti-corruption bodies to investigate complaints against government officials.
- Environment Protection Act, 1986 – Grants administrative bodies power to regulate and prevent environmental pollution.
Case Law on Legislative Powers of Administration
- In Re Delhi Laws Act (1951) – Upheld the power of Parliament to delegate rule-making authority to the executive but with limitations.
3. Judicial Decisions (Judge-Made Law)
Judicial interpretations play a vital role in shaping administrative law. Courts define the limits of administrative authority, interpret ambiguous statutes, and ensure compliance with the Constitution.
Landmark Cases in Administrative Law
- A.K. Kraipak v. Union of India (1969)
- Differentiated between administrative and quasi-judicial functions and reinforced natural justice principles.
- Union of India v. Tulsiram Patel (1985)
- Explained when principles of natural justice can be excluded in administrative proceedings.
- R.D. Shetty v. International Airport Authority (1979)
- Laid down that government contracts should follow principles of fairness and equality.
- State of Punjab v. Khan Chand (1974)
- Affirmed that discretionary powers of administrators must be exercised reasonably.
Judicial decisions serve as precedents, guiding future administrative actions and interpretations of the law.
4. Delegated Legislation (Rules, Regulations, and Notifications)
Delegated legislation refers to rules, regulations, notifications, and by-laws made by administrative authorities under the authority of a parent statute.
Types of Delegated Legislation
- Rules – Detailed procedures framed under an Act (e.g., Civil Services Rules under Article 309).
- Regulations – Internal governance rules of bodies like SEBI and RBI.
- Notifications – Government orders implementing or modifying laws.
- By-laws – Local laws made by municipal corporations and panchayats.
Case Law on Delegated Legislation
- Indian Council of Legal Aid & Advice v. Bar Council of India (1995)
- Stressed that delegated legislation cannot go beyond the powers given by the enabling Act.
- Avinder Singh v. State of Punjab (1979)
- Laid down that delegated legislation must be consistent with constitutional mandates.
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5. Reports of Committees and Law Commissions
Various committees and commissions have recommended administrative law reforms. Some notable reports include:
Important Committee Reports
- Sarkaria Commission (1983) – Examined Centre-State relations and administrative law issues.
- Punchhi Commission (2007) – Suggested reforms in administrative tribunals and governance.
- Law Commission of India Reports – Suggested improvements in judicial review, administrative procedures, and accountability mechanisms.
6. Custom and Conventions
Certain administrative practices evolve through customs and conventions. Although not codified, they have legal recognition.
Examples of Conventions in Administrative Law
- Collective Responsibility of Cabinet – Ministers must support government policies collectively.
- Parliamentary Privileges – Conventions regulate legislative privileges and executive accountability.
- Lok Adalats (People’s Courts) – An informal dispute resolution system recognized under law.
7. International Law and Global Influences
International treaties, agreements, and judicial decisions also impact administrative law.
Influence of International Law on Indian Administrative Law
- Universal Declaration of Human Rights (1948) – Inspired fundamental rights provisions in the Indian Constitution.
- International Covenant on Civil and Political Rights (ICCPR) – Influenced principles of due process and fair trial.
- Paris Agreement on Climate Change (2015) – Led to stronger environmental regulations in India.
Case Law on International Law in Administrative Decisions
- Vishaka v. State of Rajasthan (1997) – Relied on international conventions to formulate guidelines on sexual harassment at workplaces.
Conclusion
Administrative law in India is derived from multiple sources, including the Constitution, statutes, judicial decisions, delegated legislation, reports of committees, customs, and international law. These sources ensure that administrative agencies function within legal limits while safeguarding citizens’ rights and promoting good governance.
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