Module I: Evolution, Nature and Scope of Administrative Law

Meaning, Definition, Scope, Importance, Reasons for the Growth and Sources
of Administrative Law

Meaning of Administrative Law-

Administrative law is the study of law that governs the activities of the administrative agencies
of the government which comprises:
➢ Legislative or Rule making function;
- Study a particular social problem.
- Formulate a draft of administrative rules.
- Solicit public comments on proposed rules.
- Promulgate rules.

➢ Executive or Function of Implementation of law; and

- Investigate alleged instances where laws or rules are violated.
- Impose sanctions or orders to cease and desist.

➢ Judicial or Adjudicatory Function.

- Hear cases of alleged law or rule violations brought by the agency.
- Issue ruling as to the facts and an order regarding the application of the law or rule to the facts.
- Provide opportunity to appeal.

Some Notable Points-

• Administrative Law is the branch of public law.
• It is the bye-product of the growing socio-economic functions of the State and the increased
powers of the government.
• It deals with the relationship of individuals with the government.
• It determines the organisation and power structure of the administration or the quasi-judicial
authorities.
• Administrative law is not codified like the IPC or law of the contracts. It is based on the
constitution.

Definitions of Administrative Law-

1) According to the Indian Institute of Law: Administrative law deals with the part and the
functions of the administrative authorities. The procedure to be followed by these authorities
in the exercise of such powers. The remedies available to the aggrieved person when
authorities abuse of the powers.
2) K. C. Davis: Administrative law is the law concerning the powers and procedures of
administrative agencies including especially the law governing judicial review of
administrative action.
Further Explanations: According to him administrative agency is a governmental authority, other
than a court and other than a legislative body, which affects the rights of private parties through
either adjudication or rule- making.

3) Ivor Jennings: Administrative law is the law relating to the administration. It determines the
organization, powers and duties of administrative authorities.
Criticisms:
- It does not include the remedies available to an aggrieved person when his rights are adversely
effected by the administration.
- It is a very wide definition.
- It ignores the distinction between Constitutional Law and Administrative Law. It lays entire
emphasis on the organisation, powers and duties to the exclusion of the manner of their
exercise.

4) Dicey: Administrative law as denoting that portion of a nation's legal system which
determines:
• The legal status and liabilities of all state officials.
• The civil rights and liabilities of private individuals in their dealings with officials as
representatives of the State.
• The procedure by which those rights and liabilities are enforced.

Various drawbacks:
- It does not cover several administrative law aspects, for example, it excludes the study of
several administrative authorities such as public corporations that are not included in the
phrase State officials.
- It excludes procedures of administrative authorities or their various powers and functions.

5) Wade and Phillips: Administrative law is a branch of public law which is concerned with the
composition, powers, duties, rights and liabilities of the various organs of the government
which are engaged in administration.

6) Jain and Jain: Administrative law deals with the structure, powers, and function of the organs
of administration, the limits of their powers, the methods and procedure followed by them in
exercising their powers and functions, the method by which their powers are controlled
including the legal remedies available to a person against them when his rights are infringed
by their operation.
What administrative law deals with?
Administrative law deals with the following problems:
a) Who are the administrative authorities?
b) What is the nature of the powers and nature exercised by the administrative authorities?
c) What are the limitations if any imposed on these powers?
d) How the administration is kept restricted to its limits?
e) What is the procedure followed by the administrative authorities?
f) What remedies are available to person that are adversely affected by the administration?

Scope of Administrative Law-

❖ Existence of various administrative bodies- such as, Wage-board, Central Board of Revenue,
Commission of Inquiry and Advisory Boards, Tariff Commission, etc.
(Administrative Law deals with organisation and powers of the administrative and quasi-administrative
authorities).

❖ Rule-making power of administrative agencies- i.e. delegated legislation; safeguard against

abuse of power and judicial control.
(Administrative Law is primarily concerned with the official action and the procedure by which official action
is reached. Example: Rule Making, Rule Application, Monitoring actions or pure administration.
It includes control mechanism (judicial review) by which the administrative authorities are kept within bounds
and made effective.)
❖ Judicial functions of administrative agencies like Administrative tribunals- i.e., claims
Tribunals Industrial Tribunal, the Income Tax Appellate Tribunal performing judicial
functions.

❖ Remedies- Various remedies like writs of Mandamus, Certiorari, Prohibition etc., injunction,
declaration etc. are available to prevent excess any abuse of power.

❖ Procedural guarantees- The concept of procedural guarantee include the rules of nature
justice.

❖ Government Liability- The Union and State Governments are liable under torts as well as
control for the wrongs committed by their servant and agents.

❖ Public Corporation- It includes liability ad legal responsibility of public corporation.

(Administrative Law relates to the individual rights as well as public needs and ensures transparency, open
and honest governance which is more people friendly).
Importance 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.
Reasons for the growth of Administrative Law-
In India, since the Mauryan and Gupta age, there has been the administration of the legislation,
rule adjudication and the related provisions. There were many reasons which accounts for the
ridden growth of the administrative law. The following are the reasons for the growth of
administrative law:
1- Change in the philosophy of State: The change in the role played by the State from Police
State to Social Welfare State. We can see the evolution of welfare state concept. The concept
was developed during the 19th & 20th century. According to this concept, the State
administration is to achieve maximum welfare of the masses.

2- Inadequate Judicial System- Judiciary was slow, costly, unexpected, complex and formalistic
in nature. Overburdening of judicial system due to which speedy disposal was not possible,
and also resulted in strikes and lockouts in disputes between employers and employees.
To solve above problems, need for tackling arose and as a result, industrial tribunals and labour
tribunals and labour courts were established. These tribunals are not courts but executive
authorities having judicial powers.

3- Inadequate Legislative- The legislature has no time to legislate upon the day-to-day ever-
changing needs of the society. Detailed procedure made by the legislature were found to be
defective and inadequate. All these resulted in the delegation of some of the legislative powers
to the administrative authorities. Example: Drug and Cosmetics Act and Drug and cosmetics
rules.

4- Emergency Situation: Passing of laws by the legislature is a lengthy process. So it is not

expected from a legislature to pass a law to meet an emergency situation.

5- Scope of Experimentation- As the administrative law is not codified law, so there is enough
scope of modification. As per the modification it as per the requirement of the state’s
machinery. Hence, it is more flexible and the rights legislating the procedure need not be
followed again and again.

6- Increasing demand from people- There was an increase in the demand from the people
because merely defining the rights of the citizens was not sufficient but state needs to solve
problems as well.

7- To take preventive measures- Administrative authorities can take preventive measures like
licensing, rate fixing etc. They can also take effective measures for the enforcement of
preventive measures like enforcement of suspension, revocation or cancellation of license,
destruction of contaminated articles.

8- Increasing population- Increase in the population creates a burden upon the legislative
processes to implement various laws for various needs of the growing population.
9- Urbanization- Emergence of factory System led to the migration of people to urban areas.
This led to the increase in the need for proper facilities like housing, roads, drainage system.
Fulfilling the needs of all by passing legislations by the legislature overburdened the wing,
ultimately resulted in the delegation of powers to the administrative wing and growth of
administrative law.

Sources of Administrative Law-

1) Constitution- It is the fundamental law of the land. All the legislative actions of the
administration have been brought within the purview of Article 13. Article 13(3)(a)- Law
includes any ordinance, order, bye- laws, rule, regulation, notification, custom, usage having
the force of law. Article 323 A and 323 B- Administrative tribunals.

2) Statutes- Statues formulates administrative bodies. The powers and functions of the
authorities are prescribed under it.

3) Judicial Decisions- The judgments, guidelines or directions given by the court are also the
important source of administrative law.

4) Ordinance- Ordinance making powers are given under Article 123 and 213 to the President
and the Governor respectively.

5) Delegated Legislation- Legislation made by the administrative authority. It is subject to

judicial or parliamentary control.

Rule of Law
Meaning-
The entire basis of administrative is the Doctrine of rule of law.
The term is derived from the French phrase: La Principe de Legalite (The Principle of Legality)-
Government based on the principles of law and not of men.
❖ La Principe de Legalite - opposed to arbitrary powers.
❖ It is the reverse of tyranny, the antithesis of the rule of anarchy.
❖ The expression "rule of law" explains a state of affairs in which everything must be done
according to law.
The term rule of law is used in contradiction to rule of man and rule according to law. Means
that the LAW RULES, which is based on the principles of freedom, equality, non-
discrimination, fraternity, accountability and non-arbitrariness.
Rule of Law: It can be used in two senses-
1. Formalistic Sense- Organised power as opposed to a rule by one man.

2. Idealistic Sense- Regulation of the relationship of the citizens and the government.
In this sense, the concept becomes an ethical code for the exercise of public power in any
country. The contents of the code may be different for different societies but the basic
principles of the code include equality, freedom, accountability.

Origin of Rule of Law-

▪ The origins of the Rule of Law theory can be traced back to the Ancient Romans during the
formation of the first republic; it has since been championed by several medieval thinkers in
Europe such as Hobbs, Locke and Rousseau through the social contract theory.

▪ Indian philosophers such as Chanakya have also espoused the rule of law theory in their own
way, by maintain that the King should be governed by the word of law. The concept of Rule
of Law is that the state is governed, not by the ruler or the nominated representatives of the
people but by the law.

Definitions-
➢ Chief Justice Edward Coke of England, who held office during the reign of King James I, is
considered to be the originator of this doctrine. Justice Coke while emphasizing the supremacy
of law against the executive stated that the King should be under God and Law.
According to Edward Coke, “Rule of Law means:
1. Absence of arbitrary power on the part of the Government.
2. No man is punishable or can be made to suffer in body or good except for a distinct breach
of law established in the ordinary legal manner before the ordinary courts of the land.
➢ A.V. Dicey developed the principle.
As per Prof. A.V. Dicey, “the rule of law means the absolute supremacy or predominance of
the regular law as opposed to the influence of arbitrary power and excludes the existence of
arbitrariness or even of wide discretionary authority on the part of the government.” (The Law
of the Constitution)
Dicey regarded rule of law as the bedrock of the British Legal System: ‘this doctrine is
accepted in the constitutions of U.S.A. and India.

Rule of Law by A. V. DICEY-

Dicey in his book- Introduction to the study of the Law of the Constitution, written in 1885,
mentioned RULES OF LAW contains three principles or it has three meanings as stated below:
1. SUPREMACY OF LAW:
- Absolute supremacy of regular law.
- Exclusion of arbitrary power, arbitrariness, even wide discretionary power on the part of the
government.
- He believed whenever there is discretion, there is room for arbitrariness.
- Discretionary powers on the part of the government means insecurity for legal freedom on the
part of its subject.
He- “No man can be arrested or punished or lawfully made to suffer in body or goods except for
a breach of law established in the ordinary legal manner before the ordinary courts of the land”.

2. EQUALITY BEFORE LAW:

- There must be equal subjection of all classes to the ordinary law of the land administered by
the ordinary law courts.
- He said: Every official from the Prime Minister to a constable or collector of taxes is
responsible same as any other citizen for any act done without legal justification.
- In England, all persons were subject to one and the same law and there is no separate tribunals
or special courts for the officers of the government and other authorities.
Reasons: (a) in French legal system of droit administratiff, there were distinct administrative
tribunals for deciding the cases between the officials of the state and the citizens.
(b) Civil servants are outside the jurisdiction of ordinary courts is a negation of equality.
Dicey misunderstood Adm. Law because he thought that the French system is administrative law,
instead Administrative law is more than that. He was not concerned with the whole body of law
relating to administration, but with a single aspect of it that is administrative adjudication.

3. PREDOMINANCE OF LEGAL SPIRIT

- The general principles of the Constitution like right to liberty and right of public meeting are
in existence as a result of judicial decisions determining the rights of the private persons in
particular cases brought before the court.
- So, he emphasized that the courts of law as guarantors of liberty.
- Mere incorporation or inclusion of certain rights in the written Constitution is of little value in
the absence of effective remedies of protection and enforcement.
- Rights can be made available to the citizens only when they are properly enforceable in the
courts of law.
- He is concerned about the fact that if the source of fundamental rights of the people is any
document, the right could be abrogated at any time by amending the Constitution.
[In India, this third point is not accepted by the Constitution makers. Because, it was
minimizing the value of Constitution before the Court of Law].
CRITICISMS TO THE DOCTRINE- Rule of Law
1- He stressed on absence of arbitrary powers and as well as of discretionary powers. He failed
to differentiate arbitrary power from discretionary power. Though arbitrary power is
inconsistent with the concept of rule of law, discretionary power is not, if exercised properly.

2- Rule of law is a doctrinal barrier to the growth of administrative law. Because according to
him, judiciary and law are the supreme and discretionary power should be excluded. But it can
be seen in the Adm. Law that powers are given to the Adm. Authorities and they have Adm
Tribunals to deal with different issues but according to Dicey there should be ordinary courts
only.

3- He emphasized equality before law. During his time the crown enjoyed immunity on the basis
of the doctrine: 'King can do no wrong'. Police officers were given special immunity and
government officials enjoyed wide discretionary powers under various Statutes.

MERITS OF THE DOCTRINE

• Every government must subject to law and not law subject to government.

• It opposes arbitrary and unfettered discretion to governmental authorities.

• It is effective in keeping administrative actions within their limits or restraining the abuse of
administrative powers.

• This established the basis for judicial review of administrative action.

• There is no contradiction of rule of law with administrative law, if the Dicey's concept is the
absence of arbitrariness (discretionary power) and equality before law.

Exception to the Rule of Law-

- Article- 72, 161, 86, 356, 200 etc. of the Indian Constitution.
- Public officials like ministers, local authorities, public officers etc. have many powers,
immunities and privileges which ordinary citizens don't have.
 Separation of Powers
Origin of this Doctrine-
• The doctrine of separation of powers emerged in the ancient era.
Aristotle, in his book ‘Politics’, discussed the concept of separation of powers stating that
every constitution should have a heterogeneous form of government consisting of mainly three
branches: the deliberative, public officials and the judiciary. A similar structure of government
was observed in the Roman Republic setting off the principle of checks and balances in the
country.

• Further, in the 17th century during the arrival of Parliament in England, this theory of three
branches of government was reiterated by John Locke, a British Politician in his book ‘Two
Treatises of Government’ but with some different view. According to him, the three branches
neither should have equal powers nor work independently. In his opinion, the legislative
branch must be supreme out of all the three and other branches should be controlled by the
monarch. His theory was based on the system of government which was prevailing in England
at that time i.e. coexistence of both a democratic as well as an autocratic form of government.
John Locke’s three branches of Separation of Powers-
1. Discontinuous legislative power: the general rule-making power called into action from time
to time and not continuously.
2. Continuous executive power: included all those powers, which we now call executive and
judicial.
3. Federative power: he meant the power of conducting foreign affairs.

• According to Wade and Phillips, the principle of separation of powers meant three things:
i. One person should not be made part of more than one branch of the government.
ii. There should not be any interference and control of any organ of the government by the
other.
iii. No organ of the government should exercise the functions and powers of the other organ.

• However, in the 18th century, the term ‘trias politica’ or the doctrine of separation of powers
was theorized meticulously by a French jurist, Baron de Montesquieu. He put more emphasis
on the independence of the judicial branch. He described that rather being ostensible, the
judiciary must be authentic in nature. 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.
o Montesquieu's division of power included a general legislative power and two kinds of
executive powers: an executive power in the nature of Locke's' federative power and a civil
law executive power including executive and judicial power.

Meaning
The definition of separation of power is given by different authors. But in general, the meaning
of separation of power can be categorized into three features:
1- A person forming a part of one organ should not form part of another organ.
2- One organ should not interfere with the functioning of the other organs.
3- One organ should not exercise the function belonging to another organ.
The separation of power is based on the concept of triaspolitica. This principle visualizes a
tripartite system where the powers are delegated and distributed among three organs outlining
their jurisdiction each.

SEPARATION OF POWERS: USA

• We can see the application of this doctrine in the US constitution. In US legislative, executive
and judicial powers are vested in separate entities.

1) Article I Section 1: All legislative powers herein granted shall be vested in a Congress of the
United States, which shall consist of a Senate and House of Representatives.
2) Article II Section 1: The executive power shall be vested in a President of the United States
of America.
3) Article III Section 1: The judicial power of the United States, shall be vested in one Supreme
Court and in such inferior courts as the Congress may from time to time ordain and establish.

• US follows separation of powers but along with that they practise the concept of Checks and
Balances in following ways-

First, the legislative branch is the part of the government that makes laws, but the executive
branch gives veto power to the president, allowing the president to keep the legislative branch
in check.

In addition, the judicial branch, the part of the government that interprets the laws put into
effect by the legislative branch, can deem certain laws unconstitutional making them void.

Moreover, while the president has veto power, the legislative branch can overturn a president's
veto with a two-thirds "supermajority" vote by both houses of Congress. This ensures that the
president cannot use his power for personal gain. The executive branch can also declare
 executive orders, effectively proclaiming how certain laws should be enforced, but the judicial
branch can deem these orders to be unconstitutional.

SEPARATION OF POWERS: INDIA

• Under Indian Constitution:
(a) Legislative powers- Parliament (Lok Sabha and Rajya Sabha); State legislative bodies
(b) Executive powers- At the central level- President; At the state level- Governor (c) Judicial
power- Supreme Court, High Court and All other Subordinate Courts.

• The concept of separation of powers can be seen in the following Articles:

1. Article 50: Separation of judiciary from executive.

2. Article 122: Courts not to inquire into proceedings of Parliament.

3. Article 121: No discussion shall take place in Parliament of conduct of the judges of SC or
HC in the discharge of his duties except for the procedure of impeachment.

4. Article 361: President or Governor shall not be answerable to any courts for the exercise and
performance of powers or duties of his office.

• When we look the constitutional provisions carefully then we can see that the doctrine has not
been accepted in India in its strict sense or rigid sense.
Let see HOW?

➢ President exercising Legislative and Judicial powers:

• Article 123: Issue ordinances.
• Article 357: President can exercise legislative function during the proclamation of State
emergency.
• Article 103: Questions as to disqualification of members.
• Article 72: Power to grant pardon.
• Article 217(3): If any question arises as to the age of a Judge of a High Court, the question
shall be decided by the President.

➢ Judiciary exercises executive and legislative powers:

• Article 227: The High Court has supervisory powers over all subordinate courts and Tribunals.
• Article 145 and 225: SC and HC can make rules for regulating the practice and procedure of
the court.
➢ Legislature exercises judicial and executive functions:
• Article 61: Procedure for impeachment of the President.
• Article 54, 55: Election of President by forming an electoral college.

Instruments of Checks & Balances of Separation of Power in India:

I. Legislature Control
On Judiciary: Impeachment and the removal of the judges.
Power to amend laws declared ultra vires by the Court and
revalidating it.
On Executive: Through a no-confidence vote it can
dissolve the Government. Power to assess works of the
executive through the question hour and zero hour.
Impeachment of the President.

II. Executive Control

On Judiciary: Making appointments to the office of Chief
Justice and other judges.
On Legislature: Powers under delegated legislation. Authority to make rules for regulating their
respective procedure and conduct of business subject to the provisions of this Constitution.

III. Judicial Control

On Executive: Judicial review i.e. the power to review executive action to determine if it violates
the Constitution.
On Legislature: Unamendability of the constitution under the basic structure doctrine pronounced
by the Supreme Court in Kesavananda Bharati Case 1973.

Additional Points on Separation of Power-

• Friedmann: Any rigid attempt to define and separate the functions of the government must
either fail or cause serious inefficiency in government.

• Frankfurter said: Enforcement of a rigid conception of separation of powers would make

modern government impossible.

• Administrative law and Separation of Powers are incompatible.

• The modern concept of the doctrine means that discretion must be drawn between essential
and incidental powers.

• Various judgments emphasized that separation of powers is an essential feature and is a part
of basic structure of the Constitution.

• The doctrine is focusing on Division, interaction, checks and balances and cooperation.

Droit Administraif
According to AV Dicey: There is no administrative law in England.
• He observed that the government officials exercised wide discretionary powers.
• Dispute between a government official and a private individual was tried by administrative
tribunals and the law applicable in that case is not ordinary law.
• He believed that the system in France has conferred special rights, privileges on government
officials as against private citizens. They are outside the jurisdiction of ordinary courts.
• He believed that administrative tribunals would biased to the administrative actions.
• He thought that the French Droit Administratiff is administrative law. He focused on a single
aspect that is administrative adjudication.
• He was a great believer in ordinary courts and transfer of judicial powers to any other agency
was not acceptable to him.

Meaning-
A body of rules which determine the organization, powers and duties of public administration and
regulate the relation of the administration with the citizen of the country.
- Independence of the administration from judicial control. The ordinary court cannot exercise
control over administrative functioning.
- Administrative tribunals supervise administrative functioning.
- It does not represent the rules and principles enacted by the Parliament but the rules are
developed by the administrative courts.
- It regulates the relationship between Public servant and citizens, public servant and public
servant, public servant and government.
The concept of Droit Administratif: Counseil d’Etat

Conseil du Roi (History)

▪ This body give advice to King in legal and administrative matters.
▪ They also discharged judicial functions apart from executive powers wherein it decided
disputes between great nobles.
▪ In 16th century there was an enormous increase in its jurisdiction.
▪ It claimed cognizance of all manner of cases in which the government was interested and
assumed power to withdraw cases, when it pleased from ordinary courts.
▪ After the revolution, steps taken- Separation of powers- to restrict the powers in the hand of
executive and abolition of Counseil du Roi.

Counseil d'Etat (When this organ establisded)

▪ Napoleon Bonaparte, he emphasized freedom for the administration actions.
▪ He wanted an institution that can give relief to the people against the excesses of the
administration.
▪ In 1799, Counseil d'Etat was established. He is considered as father of Droit Administratif.
▪ It was for resolving difficulties occurring in the course of the administration. Later on it started
exercising judicial powers in matters involving administration.
▪ Through Minister it received complaints. It used to give advice to the Minister.
▪ Not having the powers to pronouncing judgments but represented governments point of view.

Arrets Blanco (Changes in Counseil d’Etat after this case)

▪ The Blanco judgement of the Conflict Tribunal delivered on 8th February, 1873.
▪ A young girl Agnes Blanco was run over and injured by a wagon from a state-run tobacco
factory. Her father took a legal action against workers of the factory as well as State as the
owner of the factory.
The question raised- Which is the authority either judicial or administrative authority has the
competence to hear the matter?
State is liable for the faults committed by its agents and the administrative authority is alone
competent to hear it?
▪ This judgment settled that in all matters involving administration, the jurisdiction of the
Conseil d'Etat would be final.
▪ The questions of administrative liability comes within the jurisdiction of administrative courts
and the liability would was subject to special rules different from those of civil law.

▪ Changes-

▪ Later on the Conseil d'Etat started receiving complaints from the citizens and not through
Minister.

▪ Highest administrative court and acts as the court of appeal from all administrative tribunals.

▪ It has power to review decisions of all administrative tribunals. It can supervise the form,
content and grounds of administrative decisions.

▪ It advises the government of France on the preparation of bills and ordinances.

▪ It answers governments queries on legal affairs.

▪ It conducts studies on the request of the government or through its own initiative regarding
administrative or public policy issues.

▪ Cases like damages for wrongful acts of Government servants, personal claims of civil
servants against the State for wrongful dismissal or suspension.

▪ It ensures that the French administration operates in compliance with the law.

Tribunal des Conflicts

• It decides whether a matter should go before the ordinary courts or tribunals.

• It has judges and civil servants in equal numbers with the Minister of Justice as the president.
When the members of the tribunal are equally then he enters.
 Rules in Droit Administratif
It does not involve in it the rules laid down by the French Parliament, it consist of rules developed
by the judges of the administrative courts. It includes three series of rules:
i. Rules dealing with administrative authorities and officials: Appointment, dismissal, status,
salary and duties.
ii. Rules dealing with the operation of public services to meet the needs of citizens: Public
officials or under their supervision or private agencies.
iii. Rules dealing with administrative adjudication.

Three principles of Droit Administratif

Waline, French Jurist propounds three basic principles of Droit administratiff:
I. The power of administration to act suo moto and impose directly on the subject the duty to
obey its decision.

II. The power of the administration to take decisions and to execute them may be exercised
only within the ambit of law which protects individual liberties against administrative
arbitrariness.

III. The existence of a specialized administrative jurisdiction.

Features of Droit Administratif

➢ Matters concerning the State and Administrative litigation Administrative courts.
➢ In above said matter Special rules developed by the administrative courts are applied.
➢ Conflict of jurisdiction - Tribunal des Conflict.
➢ Conseil d'Etat is the supreme administrative court.
➢ It protects government officials from the control of the ordinary courts.
➢ The French Droit Administratif has sought to draw a balance between private rights and public
benefits. On the one hand, it maintains and supports administrative powers; on the other, it has
developed a mechanism for protecting individual rights and civil liberties against possible
attacks by public authorities.

Relationship Between Constitutional Law and Administrative Law

“It is logically impossible to “The constitutional law describes

distinguish administrative from the various organs of government
constitutional law and all attempts at rest, while administrative law
to do so are artificial.” describes them in motion.”
So, we can say that the structure of legislature and executives is the subject matter of
constitutional law and its functions are the subject matter of administrative law.
Both these subjects are closely connected to each other and form the platform for proper,
responsive and accountability of the act to the government.
Constitutional law is core law which gives very life and blood to the administrative law. Anything
which is derogatory to the words and spirit of constitutional law is ultra vires and void ab initio.

Background
The relationship between constitutional law and administrative law is very complicated.
- The origin of administrative law depends upon constitutional law.
- The Constitution of different countries is a platform for the proper functioning of the
administrative settlement of administrative authorities.
- In countries like India, which has its own written constitution, there is an additional control
over administrative actions by the constitutional law which imposes limitations upon the
organs of the administrative body.
- So, in a country having a written constitution with judicial review, it is impossible to separate
administrative law from the constitutional law completely.

Relationship
• The relationship between the administrative law is not clearly marked out but the fact remains
that the two are overlapping in several aspects. There exists a relationship which is
fundamental in with if one were to represent the two branches of law in a Venn diagram, then
both would have a common area known as the watershed area in the administrative law.

• So, we see that constitutional law and the administrative law are parts of the public law. Keith
said that it is impossible to distinguish administrative law and all the attempts to do so are
artificial. Administrative law and constitutional law overlap at certain place and the area is
termed as watershed in the administrative law.

• In India, in the watershed one can include the whole control mechanism provided in the
constitution for the control of the administrative authorities. These include Article 32, Article
136, Article 226, Article 300, Article 227, Article 311. It may also include some administrative
agencies to regulate a particular field i.e., Article 263 which creates the inter- state council.
Similarly, we have Article 280, Article 262, Article 315 and Article 324.
• In constitutional law, arbitrary action is limited by the norms and principles of administrative
law of fairness, reasonable and justness.

• Administrative law deals with the organizations, powers, functions, and duties of
administrative authorities, on the other hand, constitutional law deals with the general
principles relating to the organization and powers of various organs of the state and the
relationship of these organs with the individuals.

• The constitution describes the various organs of the government at rest, while administrative
law describes them in motion. It may be pointed out that constitutional law deals with the
rights and administrative law focus on public needs.

Similarities between the Constitutional Law and Administrative Law

❖ Both are species of public law. This in other words means that both deals with the government
and individuals and the relations among them and the institution of the government.

❖ Both deals with the distribution and the exercise of the governmental powers and functions.
Where the constitutional law ends, the administrative law begins.

❖ Both are concerned with imposing boundaries and the accountability on those that exercise
the governmental powers.

❖ Their application is founded on the constitutional study of the administrative law involves
copious reference of the constitutional law.

❖ Both of them are concerned with the human rights issues.

❖ Both of them rely on the statutes and case laws for their principles and operations.

❖ The principles of both are enforced by the same institutions i.e., courts, law enforcement
agents etc.

Difference Between Constitutional Law and Administrative Law

Constitutional Law is the supreme and highest law of the country Administrative Law is
subordinate to the constitutional Law.

The Constitutional Law is always regarded as the genus. Administrative Law is the species of
Constitution Law.

Constitutional Law mainly deals with various organs of a state at rest. Administrative Law
deals with the organs of the state in motion.
Constitutional Law mainly deals with the structure of the state. Administrative Law mainly
deals with the various functions of the state.

Constitutional law deals with the rights and, Administrative law lay emphases on public needs.

In Constitutional democracy, power is limited by express or implied constitutional limitations

and values. In administrative law the exercise of constitutional power is limited by the norms
and principles of administrative law of fairness, reasonableness and justness.

Administrative law makes constitutional governance public-centric and the State

incrementally ethical.

Constitutional Law touches all the branches of law and gives guidelines with regard to the
general principal relating to organization and powers of organs of the state, and their relations
between citizens and towards the state. Administrative Law doesn't deal with all branches of
law, rather it details with the powers and functions of administrative authorities.

Constitutional Law deals with the general principal of state pertaining to all branches.
Administrative Law deals with the powers and functions of administrative authorities,
including services, public departments, local authorities and other statutory bodies exercising
administrative powers, quasi-judicial powers, etc.

Constitutional Law demarcates the constitutional status of Ministers and public servants.
Administrative Law is concerned with the organization of the services or the working of the
various government departments.

Constitutional Law imposes certain negative duties on administrators, if they are found
violating the fundamental rights of the citizens and etc. It also imposes certain positive duties
on administrators, viz, implementation of social welfare schemes. The administrators have to
follow Constitutional Law first and next the Administrative Law.

Constitutional Law have complete control on the administrative law and administrators of the
country. The administrators should perform their functions with utmost obedience to
Constitutional Law. Administrative Law is just a subordinate to Constitutional Law.