Sources of Administrative Law
Sources of Administrative Law
1. What are Sources of Administrative Law?
The sources of administrative law are the origins or authorities from which the principles, rules, and doctrines of administrative law derive. These sources guide and control the functioning of administrative agencies and authorities.
2. Major Sources of Administrative Law
A) Constitution
The Indian Constitution is the supreme source of administrative law.
It lays down the structure, powers, and functions of administrative authorities.
Fundamental rights (Part III), Directive Principles (Part IV), and provisions on separation of powers and rule of law provide the constitutional framework.
Articles like Article 14 (Equality before Law), Article 19 (Freedom of Speech, etc.), Article 21 (Protection of Life and Personal Liberty), and Article 226 & 32 (Writ jurisdiction) empower courts to control administrative action.
Case Law:
Maneka Gandhi v. Union of India (1978) 1 SCC 248: Expanded procedural fairness under Article 21.
Kesavananda Bharati v. State of Kerala (1973) 4 SCC 225: Judicial review under the Constitution limits administrative excess.
B) Statutes and Enabling Acts
Administrative authorities derive powers from statutes enacted by legislatures.
These Enabling Acts or statutes specify the powers, duties, and limits of administrative agencies.
Statutes also prescribe procedures and remedies.
Case Law:
A.K. Kraipak v. Union of India (1969) 2 SCC 262: Held that statutory authorities must follow principles of natural justice.
Shamsher Singh v. State of Punjab (1974) 2 SCC 831: Statutory removal procedure must be adhered to.
C) Delegated or Subordinate Legislation
Legislatures delegate rule-making powers to administrative authorities through statutes.
Such delegated legislation includes rules, regulations, by-laws, orders, and notifications.
Courts review delegated legislation to ensure it is within the authority granted and does not violate the parent statute or Constitution.
Case Law:
A.K. Roy v. Union of India (1982) 1 SCC 271: Delegated legislation must conform to constitutional standards.
R.D. Shetty v. International Airport Authority (1979) 3 SCC 489: Reviewed the limits of delegated legislation.
D) Judicial Decisions / Case Law
Judicial pronouncements interpreting statutes, constitutional provisions, and administrative practices form a major source.
Courts shape administrative law by developing principles like natural justice, reasonableness, legitimate expectation, and judicial review.
Case Law:
Ridge v. Baldwin (1964) AC 40 (UK case, but influential in India): Established the application of natural justice.
Olga Tellis v. Bombay Municipal Corporation (1985) 3 SCC 545: Expanded socio-economic rights in administrative decisions.
E) Executive Orders and Government Circulars
Administrative agencies function through executive orders, instructions, and circulars issued by government departments.
Though subordinate to laws, these orders guide administrative practice and may affect rights.
Case Law:
S.L. Kapoor v. Jagmohan (1981) 4 SCC 675: Courts can examine executive orders for arbitrariness.
F) Customs and Usages
Long-standing customs and administrative practices sometimes have legal force unless contrary to law.
They are accepted where consistent with statutory provisions.
3. Summary Table of Sources and Cases
| Source | Description | Key Case(s) | Principle Established |
|---|---|---|---|
| Constitution | Supreme law, fundamental rights, judicial review | Maneka Gandhi, Kesavananda Bharati | Procedural fairness, rule of law |
| Statutes / Enabling Acts | Source of administrative powers and duties | A.K. Kraipak, Shamsher Singh | Natural justice in statutory actions |
| Delegated Legislation | Rules, regulations made by administrative authorities | A.K. Roy, R.D. Shetty | Limits and validity of delegated legislation |
| Judicial Decisions | Case law shaping administrative principles | Ridge v. Baldwin, Olga Tellis | Natural justice, socio-economic rights |
| Executive Orders / Circulars | Government instructions guiding administration | S.L. Kapoor | Review of arbitrariness in executive action |
| Customs and Usages | Established administrative practices | (No leading case but recognized principle) | Customary administrative practice |
4. Conclusion
Administrative law in India is a dynamic field influenced by multiple sources.
The Constitution provides the foundational principles ensuring legality, fairness, and accountability.
Statutes and delegated legislation create and regulate administrative powers.
Judicial decisions develop and refine the principles of administrative law.
Executive orders and customs also shape day-to-day administrative functioning.
Understanding these sources is essential to grasp the framework that governs public administration and the control of administrative power.
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