Module 1 Administrative Law

1. Discuss the nature, scope and necessity of Administrative Law in

today's modern circumstances. – 15 Marks
Introduction
Administrative Law is a branch of law that deals with the powers, functions, and
responsibilities of various organs of the State. It governs the relationship between individuals
and the executive branch of the government when the latter acts in its administrative capacity.

Nature and Scope

Administrative Law is a branch of public law that governs the organization, powers,
functions, and procedures of administrative and quasi-administrative bodies. It essentially
deals with the relationship between individuals and administrative authorities, ensuring that
the exercise of power by these authorities is within legal limits and consistent with principles
of fairness and justice.
In a welfare state, the scope of governmental functions has significantly expanded to include
social welfare, economic planning, and public services. This increasing intervention of the
State in the lives of individuals has necessitated the development of a robust legal framework
to regulate administrative actions. Administrative law has thus evolved to control the exercise
of administrative power, ensure accountability, and safeguard citizens’ rights.
Administrative law is unique in nature. Unlike private law, which governs relationships
between individuals, administrative law focuses on the legal principles governing the
interaction between individuals and public authorities. It is not "law" in the conventional
sense like contract or property law. Rather, it encompasses statutes, administrative rules,
circulars, policy directives, memoranda, and even unwritten principles such as the rules of
natural justice.
In India, administrative law is largely judge-made law. This means that judicial decisions play
a critical role in shaping its contours. Courts often fill legislative gaps by interpreting statutes
and formulating principles that guide administrative functioning. However, this reliance on
judicial lawmaking brings both benefits and drawbacks—it allows flexibility and creativity,
but may also lead to inconsistency and unpredictability.
A comprehensive understanding of administrative law involves four major components:
1. Structure and Powers of Administrative Authorities
This limb concerns itself with the composition, jurisdiction, and powers of administrative
agencies. These include government departments, regulatory authorities, autonomous bodies,
and public corporations. While this overlaps with the field of public administration,
administrative law is concerned only to the extent necessary to understand how these
authorities derive and exercise power.
2. Limits on Administrative Powers
The exercise of power by administrative bodies is not absolute. Limits may be express—
stipulated clearly in the enabling statute—or implied, deduced by the judiciary through
interpretation. Courts often play a creative role in laying down checks on administrative
discretion, especially where statutes are silent. This ensures that public authorities act within
the boundaries of law and in accordance with constitutional principles.
3. Procedures for Exercise of Power
Administrative law emphasizes not only external control but also internal procedures that
guide the exercise of power. This includes adherence to the principles of natural justice—
such as the right to a fair hearing and the rule against bias—and other procedural safeguards
ensuring transparency and accountability. In some jurisdictions, there are codified procedural
laws, like the Administrative Procedure Act, 1946 (USA) and the Tribunals and Inquiries Act,
1958 (UK). In India, in the absence of such a uniform code, procedural fairness is often
ensured through judicial interpretation and constitutional mandates.
4. Control Mechanisms and Remedies
Administrative law also includes mechanisms to control administrative actions and provide
remedies for their misuse. These include judicial review by constitutional courts,
administrative tribunals, ombudsmen, and parliamentary committees. The underlying
postulates are:
 All administrative power must have a legal source.
 No power can be unfettered or immune from control.
These mechanisms ensure that individuals have access to justice when wronged by
administrative actions. The review process also maintains the rule of law and prevents
arbitrariness in governance.

Significance of Administrative Law

1. Protection against Arbitrary Exercise of Power:
Administrative law plays a crucial role in safeguarding individuals from the arbitrary exercise
of power by administrative agencies. It establishes legal limits and procedures that agencies
must adhere to when making decisions or taking actions that affect individuals. This
protection is vital in ensuring that individuals are treated fairly and that their rights are not
violated by those in positions of authority.
2. Checks and Balances:
Administrative law provides a system of checks and balances by subjecting administrative
agencies to judicial review. Courts have the power to review the legality, procedural fairness,
and reasonableness of administrative actions and decisions. This review helps prevent the
abuse of power, ensures accountability, and promotes the rule of law.
3. Access to Justice:
Administrative law ensures that individuals have access to justice when they are aggrieved by
administrative actions. It provides mechanisms such as administrative tribunals and
specialized courts that offer an accessible and efficient forum for resolving disputes. These
avenues for redress enable individuals to challenge decisions, seek remedies, and have their
grievances heard in a timely and cost-effective manner.
4. Protection of Individual Rights:
Administrative law protects the rights and interests of individuals when dealing with
administrative agencies. It ensures that agencies act within their delegated powers, follow fair
procedures, and respect fundamental rights such as due process, equality, and non-
discrimination. Administrative law also provides remedies for individuals whose rights have
been violated, allowing them to seek redress and hold agencies accountable.
5. Good Governance and Public Interest:
Administrative law promotes good governance by setting standards for administrative
decision-making. It requires agencies to consider relevant factors, weigh competing interests,
and make decisions that are rational, fair, and in the public interest. By ensuring transparency,
accountability, and the rule of law, administrative law helps maintain public confidence in the
government and its administrative organs.
6. Legal Certainty and Predictability:
Administrative law provides a framework of rules and procedures that govern the actions of
administrative agencies. This framework promotes legal certainty and predictability, both for
the agencies themselves and for the individuals and organizations affected by their decisions.
Clear rules and procedures enable individuals to understand their rights and obligations, make
informed choices, and plan their actions accordingly.
7. Regulation of Government Power:
Administrative law serves as a means of regulating the exercise of government power. It
ensures that administrative agencies act within their delegated authority and do not exceed
the bounds of their jurisdiction. By providing legal remedies for individuals affected by
administrative actions, administrative law helps prevent abuses of power and encourages
responsible and accountable governance

2. Critically examine the Doctrine of rule of law and its significance.

– 15 Marks
Rule of Law – 5 Marks
The term “Rule of Law” is derived from the French expression ‘La Principe de
Legalite’ (the principle of legitimacy) referring to a government based on the rule of law and
justice in contrast to the dictatorship.
Rule of law is one of the basic principles of the English Constitution and the doctrine is
accepted in the Constitution of U.S.A and India as well. The entire basis of Administrative
Law is the doctrine of the rule of law.
Sir Edward Coke, the Chief Justice of King James I’s reign was the originator of this
concept. He maintained that the King should be subject to God and the Law and established
the supremacy of the law
Edward Coke is the originator of concept of Rule of Law. But the credit of developing the
concept of rule of Law goes to Professor A.V. Dicey who in his old book “Introduction to
the Study of the Law of the Constitution” published in 1885 tried to develop the concept of
Rule of Law.
According to theory of DICEY, rule of law under administrative law contains three main
principles.
 Supremacy of law
 Equality before law
  Predominance of legal spirit

1. Supremacy of Law
Rule of law according to Dicey means the absolute supremacy or predominance of regular
law as opposed to the influence of arbitrary power or wide discretionary power. It means the
exclusion of the existence of arbitrariness on the part of the government.
This has always been a basic understanding of the law that goes hand in hand with the fact
that the law rules over all people including the people in charge of the law
This in essence means that no man can be arrested, punished or be lawfully made to suffer in
body or in goods except by the due process of law and for breach of a law established in the
ordinary legal manner before the ordinary courts of the land.
2. Equality before Law
As the words suggest, no one is above law. All are equal in the eyes of law. It means there
should be no distinction between rich and poor, official and non- official, majority and
minority. Everyone should be treated equally. No one can be degraded no one can be
upgraded.
Explaining the second principle of the rule of law, Dicey stated that there must be equality
before the law or the equal subjection of all classes to the ordinary law of the land
administered by the ordinary courts of law.
According to him, in England, all persons were subject to one and the same law, and there
were no separate tribunals or special courts for officers of the Government and other
authorities. No person should be made to suffer in body or deprived of office, property except
for a breach of law established in the ordinary legal manner before the ordinary courts of the
land.
3. Predominance of legal Spirit
The "predominance of legal spirit" is the third key concept in A.V. Dicey's theory of the Rule
of Law. It emphasized the role of the courts of law as guarantors of liberty and suggests that
the rights would be secured more adequately if they were enforceable in the courts of law
than by mere declaration of those rights in a document.
This means that fundamental rights are not merely declared in a document, but are constantly
affirmed and refined through judicial decisions.

Criticism
One major criticism of Dicey’s Rule of Law is that it ignores the importance of administrative
law. Dicey believed that only ordinary courts should handle disputes, and he opposed the idea
of special tribunals or administrative bodies.
But in modern times, governments deal with complex matters like taxation, welfare, and
licensing, which need expert decision-making. For this, administrative authorities and
tribunals are necessary. Dicey’s model doesn’t work well in such cases because it limits
flexibility and delays justice. Also, his idea of “equality before law” doesn’t consider that
people in different situations may need different types of support or protection. Treating
everyone the same can sometimes be unfair. Further no explaination about what is
arbitrariness and Failed to distinguish between free will and uncontrolled power.

Modern concept of Rule of Law in Administrative Law

As stated earlier, Dicey’s concept of the rule of law was not accepted fully in England
even in 1885 when he formulated it, as in that., administrative law and administrative
authorities
were very much there. Today, Dicey’s theory of rule of law cannot be accepted in its totality.
Davis gives 7 principal meanings of the term rule of law
1. Law and order
2. Fixed rules
3. Elimination of discretion
4. Due process of law or fairness
5. Natural law or observance of the principles of natural justice
6. Preference for judges and ordinary courts of law to executive authorities and
administrative tribunals
7. Judicial review of administrative actions.
The modern concept of the rule of law is fairly wide and, therefore, sets up an ideal for any
government to achieve

Rule of Law in India

Dicey’s rule of law has been adopted and incorporated in the Constitution of
India. The Preamble itself enunciates the ideals of Justice, Liberty and Equality.
In Part III of the Constitution these concepts are enshrined as Fundamental
Rights and are made enforceable. The Constitution is supreme and all the three
organs of the Government, viz. Legislature, Executive and Judiciary are
subordinate to and have to act in consonance with the Constitution.
The doctrine of judicial review is embodied in the Constitution and the subjects
can approach the High Courts and the Supreme Court for the enforcement of
Fundamental Rights guaranteed under the Constitution. If the executive or the
Government abuses the power vested in it or if the action is mala fide, the same
can be quashed by the ordinary courts of law.
All rules, regulations, ordinances, bye-laws, notifications, customs and usages
are ‘laws’ within the meaning of Article 13 of the Constitution and if they are
inconsistent with or contrary to any of the provisions thereof, they can be
declared ultra vires by the Supreme Court and by High Courts.
The maxim 'The King can do no wrong' does not apply in India. There is
equality before the law and equal protection of laws. Government and public
authorities are also subject to the jurisdiction of ordinary courts of law and for
similar wrongs are to be tried and punished similarly. They are not immune
from ordinary legal process nor in any provision made regarding separate
administrative courts and tribunals
Thus, it appears that the doctrine of rule of law is embodied in the Constitution
of India, and is treated as the basic structure of the Constitution.

Adm Jabalpur v. shivkant shukla

The case is also known as Habeas Corpus. It is one of the most important case when it comes
to the rule of law. The question raised before the considered court is whether there is any
legal law in India other than Article 21 of the Constitution of India. It was in the context of
the declaration of emergency that the enforcement of articles 14, 21 and 22 was suspended.

3. Comment on 'Administrative Law has been characterised as the

most outstanding legal development of the twentieth century'. – 15
Marks
Administrative law has been characterized as the most outstanding legal development of the
20th century. It does not mean, however, that there was no administrative law in any country
before the 20th century. Being related to public administration, administrative law should be
deemed to have been in existence in one form or another in every country having some form
of government. It is as ancient as the administration itself as it is a concomitant of organized
administration
The opening statement signifies that administrative law has grown and developed
tremendously, in quantity, quality and a relative significance, in the 20th century that it has
become more articulate and definite as a system in Democratic countries that it has assumed a
more recognizable form in the present century so much so that it has come to be identified as
a branch of public law by itself, distinct and separate from Constitutional law, if its subject
matter is of independent study and investigation in its own right then rapid growth of
administer law in modern times is the direct result of the growth of administrative powers and
functions.
Earlier the state was characterized as the law and order state and its role was conceived to be
negative as its interest extended primarily to defending the country from external aggression,
maintaining law and order within the country, dispensing justice to its subjects and collecting
a few taxes to finance these activities. It was an era of free enterprise and minimum
governmental responsibility and functions. The management of social and economic life was
not regarded as government responsibility. This laissez Faire doctrine resulted in human
misery.
But all the things changed with the advent of independence. A conscious effort to begin to be
made to transform this country into a welfare state the philosophy of welfare state has been
ingrained in the preamble to Indian Constitution and the directive principles stated therein.
The emergence of the social welfare concept has affected the democracies very profoundly. It
has led to state activism. There has occurred a phenomenal increase in the area of state
operation it has taken over a number of functions which were previously left to private
enterprise. The state today provides every aspect of human life, the functions of a modern
state may broadly be placed into five categories, the state as protector, provider, entrepreneur,
economic controller and arbitrator
Reasons for the growth of Administrative Law

Reasons for Growth and Development of Administrative Law

Administrative law has grown significantly due to various socio-political, economic, and
technological changes in modern society. The need for efficient governance, regulation,
and justice has made administrative law an essential part of legal systems worldwide. Below
is a detailed explanation of the reasons for its growth and development, based on the given
synopsis:

1. Change in the Role of the State

In earlier times, the primary role of the state was limited to maintaining law and order,
protecting borders, and enforcing criminal laws. However, with the emergence of the
welfare state, governments have expanded their functions to include social welfare,
economic regulation, and public services such as healthcare, education, employment, and
environmental protection.

Modern governments are now responsible for ensuring public welfare, which requires
extensive regulations, agencies, and administrative bodies. The growing involvement of the
state in economic planning, social justice, and governance has necessitated the creation of
administrative agencies to execute policies efficiently. As a result, administrative law has
evolved to regulate the powers, procedures, and accountability of these agencies.

2. Defects in the Present Judicial System

The traditional judicial system has several limitations that make it difficult to handle the
complexities of modern governance. Some key defects include:

Slow judicial process: Courts are overburdened with cases, leading to significant delays in
delivering justice.
Technical complexities: Many legal disputes involve technical and specialized knowledge
(e.g., taxation, environmental regulations, and cyber laws), which ordinary courts may not be
equipped to handle.
High litigation costs: The cost of litigation in regular courts is often high, making it difficult
for ordinary citizens to seek justice.
To address these challenges, administrative tribunals and quasi-judicial bodies have been
established to provide faster, more specialized, and cost-effective justice. This has contributed
to the growth of administrative law.

3. Inadequate Legislative Process

The traditional legislative process is slow, complex, and rigid, making it inadequate to
address the fast-changing needs of society. Some issues include:
Lengthy procedures: Passing a law in a legislature involves multiple stages, debates, and
approvals, making it time-consuming.
Lack of expertise: Legislators may not have the technical expertise required for formulating
specialized laws (e.g., environmental protection, cybersecurity, financial regulations).
Frequent amendments required: Laws often become outdated due to rapid advancements
in technology and socio-economic conditions.
To overcome these limitations, legislatures delegate rule-making powers to administrative
agencies, allowing them to create regulations and policies under administrative law.

4. Need to Reform Social Life

With changing social structures, there is a growing need for laws that promote social
justice, equality, and welfare. Key areas of social reform include:

 Protection of marginalized communities (women, children, laborers, minorities).

 Regulations on working conditions, minimum wages, and employee rights.
 Consumer protection laws to prevent exploitation.
 Laws on education, public health, and housing to improve quality of life.
Since social reforms require continuous monitoring and enforcement,
administrative agencies have been given the authority to regulate, implement, and
modify these policies as needed. This has led to the expansion of administrative
law.

5. Demand from the People

With increased awareness of rights and democratic participation, people now demand:

 Transparent and efficient governance.

 Protection against corruption and arbitrary government actions.
 Better public services and quick redressal of grievances.

To meet these demands, governments have introduced right to information laws, public
grievance redressal mechanisms, and regulatory bodies that function under administrative
law. The growth of citizen activism has pushed governments to be more accountable,
leading to the evolution of administrative law.

6. Scope for Experimentation

Unlike rigid legislative and judicial procedures, administrative law provides greater
flexibility for experimenting with new policies and governance models.
Pilot projects and experimental regulations can be tested before full implementation.
Dynamic and evolving legal frameworks allow the government to respond quickly to new
challenges.
Regulatory agencies can adapt their procedures based on public feedback and changing
circumstances.
This scope for flexibility and adaptation has contributed to the expansion of administrative
law, allowing governments to experiment with new regulatory approaches.

7. Preventive Measures to be Taken

Traditional laws often focus on punishing violations after they occur, whereas
administrative law focuses on prevention by regulating activities before harm occurs.
Examples include:
Environmental regulations to prevent pollution rather than just punishing violators.
Food safety regulations to prevent the sale of unsafe food items.
Financial regulations to prevent fraud and banking failures.
The preventive nature of administrative law helps governments anticipate and mitigate
risks, making governance more proactive and efficient.

8. Economy of the States

Economic development requires strong legal frameworks to regulate trade, industry, and
finance. Administrative law supports economic growth through:
Regulatory authorities (e.g., Securities and Exchange Commissions) to ensure fair
markets.
Taxation laws and financial regulations to prevent economic fraud.
Public sector policies that promote investment, infrastructure, and employment.
Governments need specialized regulatory agencies to manage economic policies efficiently,
leading to the growth of administrative law.

9. Regulatory Measures

With the rise of corporations, technology, and digital economies, governments must
regulate various sectors to protect public interest and fair competition. Administrative law
provides the framework for:

 Regulating monopolies and competition laws.

 Ensuring ethical business practices and consumer rights.
 Setting safety standards in industries (e.g., pharmaceuticals, automobiles).
Without regulatory agencies and administrative law, uncontrolled economic
activities could lead to exploitation, environmental damage, and financial
instability.

10. Population Growth in Urban Areas

With rapid urbanization, cities face numerous challenges such as housing shortages, traffic
congestion, pollution, and waste management. To handle these issues, governments have
expanded administrative frameworks, including:
  Urban development authorities to plan and regulate city infrastructure.
 Environmental agencies to manage pollution control and waste disposal.
 Public transport regulators to oversee urban mobility.
As cities continue to grow, the complexity of urban governance increases, making
administrative law essential for managing urban areas effectively.

11. Development of Industries

The growth of industries has brought economic prosperity but also challenges such as labor
rights violations, environmental hazards, and industrial accidents. To address these issues,
administrative law has evolved to:

 Regulate factory working conditions and safety measures.

 Ensure fair wages and labor protections.
 Monitor environmental impact through pollution control boards.
Without administrative law, industries might exploit workers and harm the
environment, leading to social unrest and economic instability.

4. What is the Doctrine of 'Separation of Power'? How it is

incorporated in Indian Constitution? – 10 Marks
Separation of Power Theory – 5 Marks

Introduction:
The concept of separation of powers is the rudimentary element for the governance of a
democratic country. This principle corroborates fairness, impartiality and uprightness in the
workings of a government. Although it is not followed in its strict sense yet, most of the
democratic countries have adopted its diluted version under their respective constitutions.
Meaning:
The concept of separation of powers refers to a system of government in which the powers
are divided among multiple branches of the government, each branch controlling different
facet of government. In most of the democratic countries, it is accepted that the three
branches are the legislature, the executive and the judiciary.
These organs work and perform their functions independently without the interference of one
into others in order to avoid any kind of conflict. It means that the executive cannot exercise
legislative and judicial powers, the legislature cannot exercise executive and judicial powers
and the judiciary cannot exercise legislative and executive powers.
The Historical Evolution:
According to Wade and Phillips, the principle of separation of powers meant three things:
1. One person should not be made part of more than one branch of the government.
2. There should not be any interference and control of any organ of the government by the
other.
3. No organ of the government should exercise the functions and powers of the other organ
Baron de Montesquieu in the 18th century, meticulously theorized the term ‘trias politica’ or
the doctrine of separation of powers.
In his viewpoint, one organ or one person should not discharge the functions of all the other
organ and the reason was to safeguard and protect the freedom of the individuals and
avoidance of tyrannical rule
In his book De L’Esprit des Lois (The Spirit of Laws, 1748), he propounded that:
• The Executive should not exercise the legislative or judicial powers because this may
threaten the freedom and liberty of individuals.
• The Legislative should never exercise the executive or judicial powers as this may lead to
arbitrariness and hence, end the liberty.
• The Judiciary should not exercise the executive or legislative powers because then a judge
would behave like a dictator.

Objectives of Separation of Powers:

1. Firstly, it aims to eliminate arbitrariness, totalitarianism and tyranny and promote an
accountable and democratic form of government.
2. Secondly, it prevents the misuse of powers within the different organs of the government.
The Indian Constitution provides certain limits and boundaries for each domain of the
government and they are supposed to perform their function within such limits. In India, the
Constitution is the ultimate sovereign and if anything goes beyond the provisions of the
constitution, it will automatically be considered as null, void and unconstitutional.
3. Thirdly, it keeps a check on all the branches of the government by making them
accountable for themselves.
4. Fourthly, separation of powers maintains a balance among the three organs of government
by dividing the powers among them so that powers do not concentrate on any one branch
leading to arbitrariness.
5. Fifthly, this principle allows all the branches to specialize themselves in their respective
field with an intention to enhance and improve the efficiency of the government.
On the whole, the doctrine of Separation of Powers in the strict sense is undesirable and
impracticable and, therefore, it is not fully accepted in any country. Nevertheless, its value
lies in the emphasis on those checks and balances which are necessary to prevent an abuse of
enormous powers of the executive.
The object of the doctrine is to have “Government of Law rather than of official will or
whim.” Montesquieu's great point was that if the total power of the government is divided
among autonomous organs, one will act as a check upon the other and in the check liberty can
survive. Again, almost all the jurists accept one feature of this doctrine that the judiciary must
be independent of and separate from the remaining two organs of the Government, viz.,
Legislature and Executive.
Doctrine of separation of powers in India
In India, the doctrine of separation of powers has not been accorded a Constitutional status. It
has no place in strict sense in the constitution of India. But the functions of different organs
of the government have been clearly marked, so that one organ of the government does not
usurp the functions of another.
On a casual glance at the provisions of the Constitution of India, one may be inclined to say
that the doctrine of Separation of Powers is accepted in India. Under the Indian Constitution,
executive powers are with the President, legislative powers with the Parliament and judicial
powers with the Judiciary (Supreme Court, High Courts and subordinate courts). The
President holds his office for a fixed period. His functions and powers are enumerated in the
Constitution itself.
Parliament is competent to make any law subject to provisions of the Constitution and there
is no other limitation on its legislative power. It can amend the law prospectively or even
retrospectively but it cannot declare a judgment delivered by a competent court void or of no
effect. The Parliament has also inherited all the powers, privileges and immunities of the
British House of Commons.
Similarly, the Judiciary is independent in its field and there can be no interference with its
judicial functions either by the Executive or by the Legislature. The Supreme Court and High
Courts are given the power of judicial review and they can declare any law passed by
Parliament or Legislature ultra vires or unconstitutional.
In the celebrated case of Keshavananda Bharathi,25 It was observed “Separation of powers
between the legislature, executive and the judiciary is a part of the basic structure of the
constitution; this structure cannot be destroyed by any form of amendment.
The Indian Constitution does not fully follow the strict rule of separation of powers. As
Justice Mukherjea said in Ram Jawaya v. State of Punjab, the Constitution does not adopt this
idea in an absolute way. However, it does clearly separate the roles and duties of the three
branches of government. This means that while some overlap may exist, one branch cannot
take over the main functions of another. The Constitution aims to maintain a balance between
the Legislature, Executive, and Judiciary to ensure that power is not misused.
Criticism:
1. Difficult to distinguish the powers of the legislature, executive and judiciary precisely.
A smooth and stable government can exist only if there is cooperation among the
three organs. Any attempt made to separate these organs into watertight compartments
may lead to failure and inefficiency in the government.
2. It will become impossible to take certain actions. Consequently, neither the legislature
can delegate the law making power to the executive which may have expertise in the
subject matter, nor the courts can make laws related to the functioning of courts and
proceedings.
3. Its rigid conception will not lead to the effectuation of the objectives of the modern
state. Thus, separation of power is theoretically improbable and practically
impossible.
4. Montesquieu, by propounding this theory aimed to protect and safeguard the freedom
and liberty of the individuals which is impossible by the strict enforcement of
separation of powers.
 5. Relationship between Constitutional law and Administrative
Law. – 5 Marks

Constitutional law and administrative law are interrelated. While administrative law deals
with the organizations, powers, functions, and duties of administrative authorities,
the constitutional law deals with the general principles relating to these organization and their
powers and the relationship of these organs with the individuals.
For relationship between Constitutional law and administrative law, it can be stated that- “It
is logically impossible to distinguish administrative from constitutional law and all attempts
to do so are artificial.[1] The constitutional law describes the various organs of government at
rest, while administrative law describes them in motion.”
In simple terms it can be said that the structure pertaining to legislature and executive are the
subject matter of Constitutional Law whereas their functions are dealt with Administrative
Law. Hence, Constitutional law and administrative law are closely connected and form a
platform for accountability and responsibility to government. There was no difference
between the two laws according to English Jurists.[2] However, there are certain areas where
they overlap each other and is termed as ‘water shades of administrative law’. But the
difference between the two reflects that they are supplementary and complementary to each
other.

Differences
1. Constitutional Law defines the structure and powers of government organs.
Administrative Law governs the functioning and decision-making of administrative
authorities.

2. Constitutional law deals with organs at rest (structure) while Administrative law deals
with organs in motion (functioning).

3. Constitutional law deals with general principles concerning the organization and powers
of governmental organs. On the other hand, administrative law delves into specific
details, focusing on the practical aspects of how administrative authorities carry out their
functions.

4. Constitutional law places significant emphasis on protecting individual rights and

liberties. Administrative law, while still concerned with individual rights, places greater
emphasis on addressing public needs and the common good.

5. Constitutional law holds the highest legal authority in a legal system, serving as the
supreme law of the land. Administrative law, while operating within this constitutional
framework, is subordinate to constitutional law.