Sources of Administrative Law in India
Sources of Administrative Law in India
What is Administrative Law?
Administrative law governs the activities of administrative agencies of government.
It ensures that agencies act within their authority, follow fair procedures, and respect fundamental rights.
Primary Sources of Administrative Law in India
The Constitution of India
The supreme source laying down the framework for administrative powers, fundamental rights, and judicial review.
Articles such as Article 14 (Equality before law), Article 21 (Right to Life and Personal Liberty), and Article 226 (High Court’s power of judicial review) are critical.
Also defines the powers and duties of the executive.
Statutes (Legislations)
Laws enacted by Parliament and State Legislatures delegate powers to administrative agencies.
Administrative law governs the exercise of these delegated powers.
Examples include the Factories Act, Income Tax Act, and Environmental Protection Acts.
Delegated Legislation
Parliament or state legislatures delegate law-making authority to administrative agencies.
These rules, regulations, or by-laws carry the force of law.
Subject to judicial scrutiny for excess or abuse of delegated powers.
Common Law Principles
Indian administrative law is heavily influenced by English Common Law.
Principles like natural justice (audi alteram partem and nemo judex in causa sua) are part of Indian law.
These principles are applied to ensure fair procedure.
Judicial Decisions (Case Law)
The Supreme Court and High Courts have developed extensive case law defining the scope and limits of administrative actions.
Judicial review of administrative decisions is a key element.
Customs and Conventions
Though less formal, some administrative practices arise from customs and accepted conventions.
Key Cases Explaining Sources and Principles of Administrative Law in India
1. A.K. Kraipak v. Union of India (1969)
Citation: AIR 1970 SC 150
Facts: Challenge to selection process in a public service.
Held: The Supreme Court held that the principles of natural justice apply to administrative decisions affecting rights.
Significance: This case reinforced that natural justice, a common law principle, is a fundamental part of Indian administrative law, even if not expressly stated in statutes.
2. Maneka Gandhi v. Union of India (1978)
Citation: AIR 1978 SC 597
Facts: Maneka Gandhi’s passport was impounded without giving her a chance to be heard.
Held: The Court expanded the interpretation of Article 21 (Right to Life and Personal Liberty) to include the right to a fair procedure.
Significance: This case established the procedural fairness requirement in administrative action, linking constitutional rights with administrative law.
3. Union of India v. R. Gandhi (2010)
Citation: AIR 2010 SC 3351
Facts: Challenged the validity of rules framed under delegated legislation.
Held: Supreme Court emphasized that delegated legislation must conform to the parent statute and constitutional provisions.
Significance: This case highlighted statutory controls and judicial review over delegated legislation, an important source of administrative law.
4. S.P. Gupta v. Union of India (1981) (The Judges Transfer Case)
Citation: AIR 1982 SC 149
Facts: Concerned judicial independence and executive influence.
Held: Recognized judicial review as a key control on administrative actions.
Significance: Reinforced the judiciary’s role as a source of administrative law through its power to check administrative excesses.
5. Ramana Dayaram Shetty v. International Airport Authority of India (1979)
Citation: AIR 1979 SC 1628
Facts: Contract awarding by administrative authority challenged for lack of fairness.
Held: The court held that administrative decisions affecting rights must follow fairness and non-arbitrariness.
Significance: This case combined constitutional principles with administrative law, ensuring fairness in administrative contracts.
6. B.C. Chaturvedi v. Union of India (1995)
Citation: AIR 1995 SC 2348
Facts: Challenge to disciplinary action without hearing.
Held: Reaffirmed the audi alteram partem principle, stating no person can be condemned unheard.
Significance: Strengthened natural justice as a common law source shaping Indian administrative law.
7. M.C. Mehta v. Union of India (1987)
Citation: AIR 1987 SC 1086
Facts: Public interest litigation relating to environmental protection.
Held: Court directed administrative authorities to act swiftly and responsibly.
Significance: Showed how constitutional law and PIL influence administrative procedures and accountability.
Summary:
| Source | Role in Indian Administrative Law | Key Case Examples |
|---|---|---|
| Constitution | Basis for fundamental rights, powers, and judicial review | Maneka Gandhi, S.P. Gupta, M.C. Mehta |
| Statutes & Delegated Legislation | Empower agencies; subject to judicial control | Union of India v. R. Gandhi |
| Common Law Principles | Fairness and natural justice underpin procedural law | A.K. Kraipak, B.C. Chaturvedi |
| Judicial Decisions | Define and enforce limits, fairness, and due process | Ramana Shetty, Maneka Gandhi |
| Customs & Conventions | Supplement formal laws, less significant | Less referenced, but part of overall framework |
RELATED Blog
0 comments