A study on the sources of Administrative law
Sources of Administrative Law
Administrative law governs the activities of administrative agencies of government. It involves the regulation of powers, procedures, and actions of public authorities.
The main sources of administrative law are:
1. Constitution
The Constitution is the supreme source of administrative law. It lays down the framework of government, distribution of powers, and the principles governing the functioning of administrative agencies.
It establishes limits on administrative power to prevent arbitrariness and abuse.
For example, provisions related to the delegation of powers, fundamental rights, and principles of natural justice arise from the Constitution.
2. Statutes / Legislation
Administrative agencies derive their powers from statutes enacted by the legislature.
These statutes define the scope, powers, functions, and procedures of the administrative bodies.
Statutes may provide for rule-making, adjudication, and enforcement powers.
3. Delegated or Subordinate Legislation
Also called “secondary legislation” or “rules and regulations,” these are laws made by administrative authorities under powers delegated by the legislature.
Examples include rules, regulations, by-laws, orders, and notifications.
This allows detailed and technical matters to be regulated without needing the legislature to pass new laws.
4. Judicial Decisions (Case Law)
Courts interpret statutes, constitutional provisions, and administrative actions.
Case law helps develop principles of administrative law, such as natural justice, fairness, reasonableness, and procedural propriety.
Judicial review is a key feature where courts check the legality of administrative actions.
5. Custom and Usage
In some instances, administrative practices and customs, if long-standing and consistent, may be recognized as sources of administrative law.
6. Principles of Natural Justice and Equity
These are unwritten principles that guide fair administrative decision-making.
They include the right to a fair hearing (audi alteram partem) and the rule against bias (nemo judex in causa sua).
Detailed Explanation of Important Cases in Administrative Law
Case 1: A.K. Kraipak v. Union of India (1969)
Facts: This case dealt with the recruitment procedure for a government post and whether the decision was subject to judicial review.
Issue: Whether administrative discretion in recruitment is immune from judicial review.
Judgment: The Supreme Court ruled that administrative decisions are subject to judicial review and must comply with the principles of natural justice.
Significance: This case established that administrative authorities must act fairly, and their discretion is not absolute. The rule of fairness and procedural fairness is applicable to administrative actions.
Case 2: Maneka Gandhi v. Union of India (1978)
Facts: Maneka Gandhi’s passport was impounded without providing reasons or hearing.
Issue: Whether the procedure under the Passport Act, 1967 violated the right to personal liberty under Article 21 of the Constitution.
Judgment: The Supreme Court held that any administrative action that affects personal liberty must follow a “procedure established by law,” which must be fair, just, and reasonable.
Significance: This case expanded the scope of natural justice and linked procedural fairness to the constitutional right to life and liberty.
Case 3: I.R. Coelho v. State of Tamil Nadu (2007)
Facts: The case involved laws placed in the Ninth Schedule of the Constitution, which was meant to protect laws from judicial review.
Issue: Whether laws placed under the Ninth Schedule are immune from judicial review if they violate fundamental rights.
Judgment: The Supreme Court held that even laws in the Ninth Schedule can be subject to judicial review if they violate the basic structure of the Constitution.
Significance: This case limits administrative and legislative powers, reinforcing the supremacy of fundamental rights and judicial oversight.
Case 4: Ridge v. Baldwin (1964) (UK Case)
Facts: A chief constable was dismissed without a proper hearing.
Issue: Whether dismissal without hearing violated natural justice.
Judgment: The House of Lords ruled the dismissal was invalid because the person had not been given a chance to be heard.
Significance: This case is a landmark in establishing the right to a fair hearing as a fundamental principle in administrative law.
Case 5: Carltona Ltd v. Commissioners of Works (1943) (UK Case)
Facts: The case involved the delegation of administrative powers by government ministers.
Issue: Whether administrative powers delegated by the statute could be exercised by officials on behalf of the minister.
Judgment: The court held that powers granted to ministers could be exercised by responsible officials within the department.
Significance: This established the “Carltona Doctrine,” which allows for delegation within government departments, a key administrative law principle.
Summary of Key Principles Illustrated by the Cases
| Case | Principle Established |
|---|---|
| A.K. Kraipak v. Union of India | Administrative decisions are subject to judicial review and fairness. |
| Maneka Gandhi v. Union of India | Procedural fairness linked to fundamental rights. |
| I.R. Coelho v. Tamil Nadu | Judicial review applies even to laws in the Ninth Schedule. |
| Ridge v. Baldwin | Right to a fair hearing (natural justice). |
| Carltona Ltd | Delegation of powers within administrative departments. |
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