• What is Administrative Law?
o Law relating to Administration
o Law relating to the control of governmental power.
o Body of general principles which govern the exercise
the powers and duties of public authorities
• Development of Administrative Law
o What is Laissez-faire State?-Self help, individualism
o Social welfare State – Growth of Administrative Law
o Role of the State in India as a Welfare State
• Changing Role of Executive
Protector
Provider
Entrepreneur
Regulator/ Economic Controller
Arbitrator
• Sources of Administrative Law
1. Precedents-
• Re Delhi Laws Act- Delegated Legislation
Constitutionally valid, but essential legislative
functions cannot be delegated to executive
• Ridge v. Baldwin, A.K. Kraipak v Union of India -
Principles of Natural Justice required to be applied in
cases of Quasi judicial and Administrative functions
• Thomas Bonham v. College of Physicians, Cambridge
University (Bonham’s Case)- Rule Against Bias, No
man shall be judge in his own cause-Lord Edward
Coke, Nemo judex in Causa sua Pecuniary Bias
• Associated Provincial Picture House Ltd v
Wednesbury Corporation, Lord Greene declared
principle of reasonableness
2. Constitution- Article 14, 19, 21, 32, 136, 141,143, 226,
227, 323 A and B, 308- 323
3. Statutes-
England:
o Rule Publication Act, 1983,
o Statutory Instruments Act, 1946
o Tribunals and Enquiries Act, 1958
o Crown Proceedings Act, 1947
USA:
o Administrative Procedure Act, 1946,
o Federal Tor Claims Act, 1946
India:
o Administrative Tribunals Act, 1985
o The Lokpal Act, 2013
o The General Clauses Act, 1897
o The Right to Information Act, 2005
o The Central Vigilance Commission Act, 2003- Vineet
Narain v Union of India
4. Reports- Committees and Commissions
England
o Select Committee on Statutory Instruments
o Committee on Minister's Powers (Donoughmore Committee)
o Committee on Tribunals and Enquiries( Frank’s Committee)
India: Committee on Subordinate Legislation, Law Commission
Reports
Definition of Administrative Law
Robson, Administrative Law in England “ Administrative Law
should be regarded as the law relating to public
administration in the same way as commercial law, law
relating commerce or land law as the law relating to land”
A.V.Dicey, Law of the Constitution- Administrative law a portion
of a nation’s legal system which determines the legal status
and liabilities of all State official, which defines the rights
and liabilities private individuals in their dealing with public
officials and which specifies the procedure by which those
rights and liabilities are enforced.
• Ivor Jenning, Law and the Constitution-
“Administrative Law is the law relating to
administration, it determines the organization, powers
and duties of administrative authorities”
• Griffit and Street, Principles of Administrative Law-
Administrative Law is concerned with three questions:
1. What sort of powers does the administration exercise?
2. What are the limits of those powers?
3. What are the ways in which the administration is kept
within those limits?
• K.C.Davis, Administrative Law Text- “Administrative
Law is the law concerning powers and procedures of
administrative agencies, including especially the law
governing judicial review of administrative action”
• H.W.R.Wade, Administrative Law- “Administrative law
is the law relating to the control of Governmental
Power.”
Scope of Administrative Law
To check abuse of Administrative
Power
To ensure impartial determination of
dispute
To protect from unauthorised
encroachment
To ensure the accountability of
administration
To see public power justify their
action
To ensure that public power is not
• Constitutional Law and Administrative Law
Hart, Cases and Materials on Administrative
Law
Constitutional Administrative
Law Law
Water Shed in Administrative Law
Droit Administratif – French Administrative
Law
• Article included in 1789 Constitution
o Article-16 Separation of Powers
o Article 15 Accountability of Administration
o Article 21- Declares that judicial functions are
distinct and will always remain separate from
administrative functions, judges in civil courts
are not empowered to decide administrative
disputes
• Administrative Courts Civil Courts
Counseil d’ Etat
Azzize
(Article 52 of the Constitution of 1799)
Removing of Difficulties
Advisory Jurisdiction
Enlarged the Jurisdiction in all Administrative Matters
Decisions were made as final- No appeal
Counseil d’ Etat
Advisory Wing Judicial Wing
• Tribunal des Conflits
o Conflict regarding jurisdictional
disputes between Azizee and
Counseil d Etat- decided by Tribunal
des Conflits
o This is a court specially established
for the purpose, consisting of five
judges from the Cour de Cassation
(the highest civil court) and five
from the Conseil d’État. The minister
of justice head this court
Based on Article 65 and 74 of the
present Constitution of France
Counseil d’ Etat
8 (7) Regional Cours Administratives d’
Appeal
42 (27) Tribunaux Administratifs
Structure of Courts in Switzerland
