A comprehensive review of administrative law principles and their evolution
📘 Comprehensive Review of Administrative Law Principles and Their Evolution
🔍 What is Administrative Law?
Administrative Law is the branch of public law that governs the exercise of power by administrative authorities—government departments, public officials, and statutory bodies. It ensures that executive power is exercised fairly, reasonably, and within legal bounds.
⚖️ Core Principles of Administrative Law
Rule of Law
Natural Justice
Judicial Review
Reasonableness (Wednesbury Principle)
Proportionality
Separation of Powers
Delegated Legislation
Accountability and Transparency
Legitimate Expectation
Ultra Vires Doctrine
Each principle helps protect citizens’ rights and limit arbitrary power.
🕰️ Evolution of Administrative Law: Historical Overview
| Period | Development Highlights |
|---|---|
| Pre-Independence (UK Influence) | Indian administrative law modeled on British colonial governance structures. |
| Post-Independence (1947-1960s) | Adoption of Constitution expanded judicial review and fundamental rights. |
| 1970s-80s | Era of activist judiciary—Maneka Gandhi, Royappa, and others established due process. |
| 1990s–Present | Emergence of good governance, transparency, PILs, and tribunals (e.g., CAT, NGT). |
📚 Key Principles Explained with Landmark Case Laws
Let’s now explore the main principles of administrative law with detailed explanation and over 5 key cases.
🔹 1. Rule of Law
Meaning: No one is above the law. Government actions must conform to the law.
🔸 Key Case: Kesavananda Bharati v. State of Kerala (1973)
Facts: Challenge to constitutional amendments affecting fundamental rights.
Held: Supreme Court held Rule of Law is part of the Basic Structure of the Constitution.
Significance: Government powers, including administrative actions, are subject to constitutional limits.
🔹 2. Judicial Review
Meaning: Power of courts to review the legality and constitutionality of administrative actions.
🔸 Case 1: L. Chandra Kumar v. Union of India (1997)
Facts: Tribunals were set up to exclude High Court jurisdiction.
Held: Articles 226/227 cannot be ousted; judicial review is a basic feature.
Significance: Reinforced High Courts’ role in reviewing administrative acts.
🔸 Case 2: State of U.P. v. Johri Mal (2004)
Facts: Arbitrary termination of a government counsel.
Held: Judicial review can examine malafide, arbitrariness, or colourable exercise of power.
Significance: Affirmed the need for fairness in administrative discretion.
🔹 3. Natural Justice
Meaning: Fair procedure—includes right to be heard and rule against bias.
🔸 Case 3: A.K. Kraipak v. Union of India (1969)
Facts: A member of a selection committee was also a candidate.
Held: Such action violates natural justice. Administrative and quasi-judicial functions must be fair.
Significance: Pioneering case in applying natural justice to administrative action.
🔸 Case 4: Maneka Gandhi v. Union of India (1978)
Facts: Passport was impounded without hearing.
Held: Right to personal liberty (Art. 21) includes fair, just, and reasonable procedure.
Significance: Transformed Indian administrative law—procedural fairness is constitutionally guaranteed.
🔹 4. Reasonableness and Wednesbury Principle
Meaning: An administrative decision must be rational and not arbitrary.
🔸 Case 5: Associated Provincial Picture Houses v. Wednesbury Corporation (UK, 1948)
Held: A decision is unreasonable if no reasonable person would have made it.
Significance: Adopted in Indian law to test arbitrary administrative decisions.
🔸 Case 6: Union of India v. G. Ganayutham (1997)
Facts: Challenged dismissal from service.
Held: Indian courts adopt Wednesbury unreasonableness and proportionality to test administrative actions.
Significance: Balanced executive discretion and judicial restraint.
🔹 5. Doctrine of Ultra Vires
Meaning: Acts done beyond the scope of legal authority are void.
🔸 Case 7: Bidi Supply Co. v. Union of India (1956)
Facts: Challenge to tax levied under delegated authority.
Held: Delegated legislation must conform to the limits set by the parent Act.
Significance: Struck down excessive delegation as ultra vires.
🔹 6. Legitimate Expectation
Meaning: A person can expect fair treatment when there is a consistent past practice or a promise by the authority.
🔸 Case 8: Navjyoti Coop. Group Housing Society v. Union of India (1992)
Facts: Change in allotment policy affected societies that were earlier assured allotment.
Held: Citizens had legitimate expectation due to past practice.
Significance: Recognized predictability and fairness in administrative decisions.
🔹 7. Delegated Legislation
Meaning: Parliament can delegate rule-making powers to the executive, but not essential legislative functions.
🔸 Case 9: In Re Delhi Laws Act (1951)
Facts: Tested validity of delegation of legislative powers.
Held: Conditional legislation and subordinate legislation are valid; essential functions cannot be delegated.
Significance: Foundation case in understanding limits of delegated powers.
🧾 Summary Table: Principles and Landmark Cases
| Principle | Key Concept | Landmark Case |
|---|---|---|
| Rule of Law | Law is supreme over all, including the state | Kesavananda Bharati |
| Judicial Review | Courts can review administrative actions | L. Chandra Kumar, Johri Mal |
| Natural Justice | Fair hearing and no bias | A.K. Kraipak, Maneka Gandhi |
| Wednesbury Reasonableness | Decision must be rational and justifiable | Wednesbury Case, G. Ganayutham |
| Ultra Vires | Beyond legal authority | Bidi Supply Co. |
| Legitimate Expectation | Expectation of consistent and fair treatment | Navjyoti Coop. |
| Delegated Legislation | Legislature may delegate, within limits | In Re Delhi Laws Act |
🧠 Conclusion
Administrative law in India has evolved significantly from colonial roots to a robust system ensuring:
✅ Fairness in governance
✅ Judicial control over abuse of power
✅ Procedural safeguards for citizens
✅ Balance between efficiency and accountability
Indian courts have played a transformational role—turning constitutional values into practical tools for checking administrative arbitrariness.
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