THEORITICAL OVERVIEW
- Although administrative law is acknowledged as a distinct field of legal study, it is possible for the disciplines of constitutional administrative law to overlap at some points, a phenomenon known as water shading in administrative law.
- Administrative law’s streams demonstrate that constitutional laws are not completely autonomous from administrative law. But it lies submerged in close vicinity to one another.
- The fact that the two are different from one another demonstrates how useful and complementary each is. “It is logically impossible to distinguish administrative law from constitutional law, and all attempts to do so are artificial”.
- Administrative law deals with the functions of the executive and legislative branches whereas constitutional law deals with their organisational framework. Both of these topics are interconnected and serve as the foundation for an act that is proper, responsive, and accountable to the government.
RELATIONSHIP BETWEEN ADMINISTRATIVE LAW AND CONSTITUTIONAL LAW:
- It is crucial for lawyers, academics, and law students to develop a proper understanding of how administrative law and constitutional law relate to one another because their relationship is not always completely watertight and occasionally administrative law encroaches on constitutional law’s domain.
- The fact that both constitutional law and administrative law are components of public law demonstrates that constitutional law is the origin of administrative law and that the two disciplines are inextricably linked.
- Arbitrary action is constrained by the fairness, reasonableness, and justice standards and principles of administrative law. Constitutional law, on the other hand, deals with general principles relating to the organisation and powers of various organs of the state and the relationships between these organs and the people.
- Administrative law deals with the organisations, powers, functions, and duties of administrative authorities. While administrative law portrays the various governmental bodies in motion, the constitution describes them as they are at rest. One can point out that although administrative law focuses on societal needs, constitutional law deals with rights.
- It is necessary at this point in time to create a boundary between these two laws in order to specify the area within which each law’s jurisdiction is to be exercised. The concept of water shades is crucial because it provides a framework for drawing a line that clearly delineates the appropriate bounds within which both laws should operate.
- It establishes the connection between constitutional law and administrative law as established by several English scholars, including those already mentioned above, Dicey and Holland. Their definition makes it very evident that the laws are interdependent and related to one another.
IMPORTANT DIFFERENCES
DIFFERENCE BETWEEN ADMINISTRATIVE LAW AND CONSTITUTIONAL LAW:
The ultimate law of any nation-state is Constitutional law. Administrative law is ancillary to the ultimate law. Deals with the organs of the State and its structure Deals with the actual functioning of the organs of the State. It has a wide scope and deals with the powers of the State, general principles of governance, and the relationship between the citizens and the State. It has a narrow scope and only deals with the powers and functioning of the administrative bodies. It is codified into a single text in countries with a written constitution. It is not codified. There might be hundreds of thousands of administrative laws.
RELEVANT SECTIONS/ARTICLES OF THE CONSTITUTION
- Article 32: Article 32 of the Indian Constitution gives the right to individuals to move to the Supreme Court to seek justice when they feel that their right has been ‘unduly deprived’. The apex court is given the authority to issue directions or orders for the execution of any of the rights bestowed by the constitution as it is considered ‘the protector and guarantor of Fundamental Rights’.
- Article 136: The Constitution of India under Article 136 vests the Supreme Court of India, the apex court of the country, with a special power to grant special leave, to appeal against any judgment or order or decree in any matter or cause, passed or made by any Court/tribunal in the territory of India
- Article 226: Article 226 gives High Courts the ability to issue instructions, orders, and writs to any person or authority, including the government. Whereas, Article 227 gives High Courts the power of superintendence over all courts and tribunals in the territory over which they have jurisdiction.
- Article 263: According to article 263 in the constitution of India, the establishment of the Inter-State council can be easily done. It mainly deals with the provisions which are given concerning the inter-State Council of India. It has been mentioned above that the country can only progress if the state government and the union government work in proper coordination. We also know that maintaining the Federation causes so many challenges in the country. Under the chairmanship of Justice R.S. Sarkaria in the year, 1988 the union government started a Commission so that they could review the working arrangements between different states and the centre.
IMPORTANT CASE LAWS
1. Rustom Cavasjee (R.C.Cooper) V. Union of India,1970: Also known as the Bank nationalisation case, the Hon’ble Supreme Court held that: “If an ordinance is made on collateral grounds then it can be challenged before the Supreme Court”.
2. S.R. BOMMAI V. UNION OF INDIA: The Supreme Court in this case has held that proclamation of emergency on ground of failure of constitutional machinery under Article 356 is subject to judicial review. Accordingly, Presidential Rule in certain states was held to be unconstitutional.
IMPORTANT LEGAL MAXIMS
1. DELEGATA POTESTAS NON POTEST DELEGARI: Delegata potestas non potest delegari is a principle in constitutional and administrative law that means in Latin that “no delegated powers can be further delegated.” Alternatively, it can be stated delegatus non potest delegare (“one to whom power is delegated cannot himself further delegate that power”)
2. AUDI ALTEREM PARTEM: No man shall be condemned unheard.
3. CONTEMPORANEA EXPOSITIOEST OPTIMA ET FORTISSIMO IN LEGE: Interpretation is regarded in law as the best and strongest (most prevailing). The best and surest mode of construing an instrument is to read it in the sense which would have been applied when it was drawn up
OTHER IMPORTANT CONCEPT
- Doctrine Of Watershed
This doctrine establishes a proper demarcation between both these laws. With regard to this doctrine when one draws two circles marking one as Constitutional law and other as the administrative law, they may overlap at some areas and these overlapping areas are known as watersheds
POINTS TO REMEMBER
- Administrative law deals with the functions of the executive and legislative branches whereas constitutional law deals with their organisational framework.
- Administrative law’s streams demonstrate that constitutional laws are not completely autonomous from administrative law.
- The most significant source of administrative law in India is constitutional law. It is both the start and the heart of administrative law.
- Administrative law is descended from constitutional law
- . The fact that both constitutional law and administrative law are components of public law demonstrates that constitutional law is the origin of administrative law and that the two disciplines are inextricably linked.
- Arbitrary action is constrained by the fairness, reasonableness, and justice standards and principles of administrative law. Constitutional law, on the other hand, deals with general principles relating to the organisation and powers of various organs of the state and the relationships between these organs and the people
- Administrative law completely depends on the spirit of a nation’s constitutional law, it cannot function and operate correctly without it.