The role of administrative Law in crisis management and emergency response
📘 Role of Administrative Law in Crisis Management and Emergency Response
🧭 1. Introduction
Administrative law governs the actions of the executive and administrative authorities. In times of crisis or emergency—such as natural disasters, pandemics, war, internal disturbances, or terrorist threats—the executive arm of the government assumes a central role. Administrative law provides the legal framework for:
Fast decision-making,
Resource mobilization,
Regulation of civil liberties,
Emergency powers and their limits,
Judicial oversight over executive action.
🔍 2. Why Administrative Law Matters During Emergencies
| Function | Role |
|---|---|
| Legitimacy | Authorizes emergency powers via statutes and delegated legislation. |
| Checks and Balances | Prevents abuse of power via judicial review and proportionality. |
| Flexibility | Enables quick decisions without going through legislative procedures. |
| Accountability | Requires public authorities to act within legal boundaries, even during crises. |
| Rights Protection | Balances public safety with civil liberties (e.g., lockdowns vs. freedom of movement). |
⚖️ 3. Legal Frameworks in India for Crisis/Emergency Governance
Administrative powers during emergencies are generally exercised under laws like:
The Disaster Management Act, 2005
The Epidemic Diseases Act, 1897
The Essential Commodities Act, 1955
The National Security Act, 1980
Section 144 of CrPC – Preventive orders
Article 352, 356, 360 of Constitution – Emergency Provisions
⚔️ 4. Case Law: Role of Administrative Law in Crisis and Emergency
Let’s explore six landmark Indian cases where administrative law played a crucial role in dealing with emergencies or reviewing executive action during crises.
✅ Case 1: A.K. Gopalan v. State of Madras (1950) SCR 88
➤ Crisis Context:
Preventive detention during political unrest.
➤ Issue:
Whether preventive detention under the Preventive Detention Act, 1950, violated fundamental rights.
➤ Judgment:
The court upheld the Act, stating “procedure established by law” under Article 21 was followed.
No violation was found since the administrative action was legally sanctioned.
➤ Importance:
Early example where administrative powers in crisis were upheld.
Highlighted judicial deference to executive power in emergencies.
✅ Case 2: ADM Jabalpur v. Shivkant Shukla (1976) 2 SCC 521 — (Habeas Corpus Case)
➤ Crisis Context:
Internal Emergency declared under Article 352 in 1975.
➤ Issue:
Can the right to life (Article 21) be suspended during an emergency?
➤ Judgment:
The Supreme Court held that even the right to life could be suspended during a national emergency.
Justified administrative detention without trial.
➤ Importance:
Widely criticized for subverting constitutional rights.
Showed the danger of unchecked administrative power.
Later overruled in K.S. Puttaswamy (2017).
✅ Case 3: Olga Tellis v. Bombay Municipal Corporation (1985) 3 SCC 545
➤ Crisis Context:
Eviction of pavement dwellers by municipal authorities citing urban management.
➤ Issue:
Did administrative eviction orders violate the right to life?
➤ Judgment:
Held that right to livelihood is part of right to life (Article 21).
Evictions must follow due process, even during a housing or urban crisis.
➤ Importance:
Balanced urban governance with human rights.
Reinforced procedural safeguards in administrative action.
✅ Case 4: Gujarat Mazdoor Sabha v. State of Gujarat (2020) 10 SCC 459
➤ Crisis Context:
COVID-19 pandemic; Gujarat government exempted factories from labour laws.
➤ Issue:
Was the administrative order under the Factories Act legal?
➤ Judgment:
Supreme Court struck down the order.
Held that crisis does not justify suspension of fundamental labour rights.
Executive action must be within the framework of the statute.
➤ Importance:
Asserted rule of law even during health emergencies.
Prevented misuse of delegated administrative power.
✅ Case 5: In Re: Distribution of Essential Supplies and Services during Pandemic (2021)
➤ Crisis Context:
COVID-19 second wave; oxygen supply, vaccines, and public healthcare in chaos.
➤ Issue:
What is the scope of judicial review over executive crisis management?
➤ Judgment:
Supreme Court emphasized that administrative discretion is not absolute.
Ordered government to formulate equitable vaccine policy, oxygen distribution, etc.
Asserted that fundamental rights remain enforceable during emergencies.
➤ Importance:
Significant example of judicial oversight during a national crisis.
Reaffirmed that administrative decisions must be fair, reasonable, and transparent.
✅ Case 6: Maneka Gandhi v. Union of India (1978) 1 SCC 248
➤ Crisis Context:
Emergency-era administrative order impounding passport without reason.
➤ Issue:
Was the passport impoundment violative of Article 21?
➤ Judgment:
Court held that procedure must be just, fair, and reasonable.
Administrative action affecting rights must meet principles of natural justice.
➤ Importance:
Broadened scope of judicial review over executive orders.
Became a foundational case for checking arbitrary administrative action during crises.
📌 5. Principles Derived from the Case Law
| Principle | Explanation |
|---|---|
| Proportionality | Crisis measures must be proportionate to the threat. |
| Rule of Law | Emergency powers must remain within statutory and constitutional limits. |
| Natural Justice | Individuals must be heard before being subjected to administrative penalties. |
| Judicial Review | Courts can question the legality and fairness of emergency decisions. |
| Non-Arbitrariness | Even in emergencies, authorities cannot act capriciously or without justification. |
🧾 6. Conclusion
🎯 The Role of Administrative Law in Crisis Management:
Acts as the legal backbone for emergency powers.
Provides flexibility for quick executive action.
Ensures accountability and legality through judicial review.
Balances public safety with civil liberties.
Prevents authoritarian overreach in the name of crisis control.
⚖️ The Judiciary’s Role:
The courts have evolved from passive acceptance (ADM Jabalpur) to active scrutiny (In Re: Oxygen Case, Gujarat Mazdoor Sabha)—thus strengthening administrative law as a protector of democratic governance even during emergencies.
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