A study on the sources of administrative law
A Study on the Sources of Administrative Law
1. Introduction to Administrative Law
Administrative law is the branch of law that governs the activities of administrative agencies of government. It deals with the rules, regulations, and procedures that government bodies must follow, ensuring lawful exercise of power and protecting citizens’ rights against administrative arbitrariness.
2. What Are Sources of Administrative Law?
The sources of administrative law refer to the origins from which administrative rules, principles, and procedures derive their authority. They provide the legal framework governing the conduct of administrative agencies and officers.
3. Primary Sources of Administrative Law
3.1 Constitution
The Constitution is the supreme source that defines the structure, powers, and functions of administrative agencies.
It provides the fundamental principles of natural justice, rule of law, and due process.
Example: Articles 14, 19, 21 provide substantive safeguards for citizens in administrative action.
3.2 Statutes and Enabling Acts
Parliament or State legislatures enact statutes that delegate powers to administrative agencies.
Such acts (called enabling or parent acts) define the scope and limits of administrative powers.
Example: The Factories Act, Environmental Protection Act, Income Tax Act.
3.3 Delegated or Subordinate Legislation
These include rules, regulations, by-laws, notifications, orders made by administrative authorities under powers delegated by the legislature.
Subordinate legislation fills the details necessary to implement parent statutes.
Controlled by principles of ultra vires and judicial review.
3.4 Judicial Decisions (Case Law)
Courts interpret administrative laws and define the scope and limits of administrative powers.
Through judicial review, courts ensure legality and fairness in administrative actions.
Case law also evolves principles of natural justice, reasonableness, and procedural fairness.
3.5 Customs and Usages
In some cases, customary practices and usages followed by administrative bodies may be recognized as a source, especially where statutory law is silent.
3.6 Executive Orders and Government Notifications
Executive instructions, circulars, and orders also govern administrative procedures and conduct.
These are subordinate to statutes but have practical binding effect.
4. Important Case Laws on Sources of Administrative Law
⚖️ 1. A.K. Kraipak v. Union of India, AIR 1970 SC 150
Facts:
The case concerned the appointment procedure of members of the Public Service Commission, alleging bias and violation of natural justice.
Held:
The Supreme Court held that administrative actions, even if under delegated authority, are subject to judicial scrutiny for violation of natural justice.
Principle:
The case highlighted judicial review as a source to enforce limits on administrative discretion, derived from constitutional mandates.
⚖️ 2. Maneka Gandhi v. Union of India, AIR 1978 SC 597
Facts:
Maneka Gandhi’s passport was impounded without a fair hearing.
Held:
The Court expanded the scope of Article 21 (right to life and personal liberty) and emphasized that procedural fairness is essential in administrative actions.
Principle:
The Constitution itself is a primary source that mandates fairness and reasonableness in administrative conduct.
⚖️ 3. E.C. Golaknath v. State of Punjab, AIR 1967 SC 1643
Facts:
Concerned the extent of parliamentary power and constitutional limitations.
Held:
Though more about constitutional law, this case indirectly reaffirmed that legislative delegation and limits on power are fundamental to administrative law.
Principle:
Legislature’s power to delegate must have clear limits, affecting delegated legislation.
⚖️ 4. State of West Bengal v. Committee for Protection of Democratic Rights, AIR 2010 SC 1476
Facts:
Concerned police action during public protests.
Held:
The Court stressed that executive action must conform to constitutional and statutory limits.
Principle:
Administrative action must be consistent with the Constitution, statutes, and judicial interpretations.
⚖️ 5. R.D. Shetty v. International Airport Authority of India, AIR 1979 SC 1628
Facts:
Government authority’s unfair contractual practices were challenged.
Held:
The Court held that administrative authorities are bound by principles of fairness, reasonableness, and non-arbitrariness.
Principle:
Judicial interpretation and common law principles are sources of administrative law that ensure fairness.
5. Summary Table of Cases
| Case | Source Emphasized | Key Principle |
|---|---|---|
| A.K. Kraipak v. Union of India | Judicial review | Delegated powers are subject to natural justice |
| Maneka Gandhi v. Union of India | Constitution (Article 21) | Procedural fairness essential in administrative acts |
| E.C. Golaknath v. State of Punjab | Legislative limits on delegation | Legislature’s power to delegate is limited |
| State of West Bengal v. CPDR | Constitutional and statutory limits | Executive action must conform to legal limits |
| R.D. Shetty v. International Airport | Judicial interpretation and common law | Fairness and reasonableness bind administrative action |
6. Conclusion
The sources of administrative law are multifaceted, combining constitutional provisions, legislative statutes, delegated legislation, judicial decisions, and executive instructions. The Constitution remains the paramount source, laying down fundamental principles and limits. The legislature delegates powers to administrative agencies, which operate under delegated legislation and rules. The judiciary plays a critical role through judicial review, evolving the law and protecting citizens’ rights against administrative arbitrariness.
Together, these sources ensure that administrative actions are lawful, fair, and accountable.
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