What are the four principal sources of administrative law ?

CS Executive · Jurisprudence, Interpretation and General Laws · PYQS · December 2024
What are the four principal sources of administrative law ?

Answer & Explanation:

There are four principal sources of administrative law in India. They are as under: Constitution of India: The Constitution is the primary source of administrative law. It defines the powers and functions of the executive, legislature, and judiciary. For instance, Article 73 outlines the executive power of the Union. The Constitution does not rigidly adhere to the doctrine of separation of powers, allowing for tribunals, public sector undertakings, and government liability, all of which are crucial aspects of administrative law. The Supreme Court's power to interpret the Constitution and review administrative actions is a significant source. Acts/Statutes: These are laws passed by the Central and State Governments. They empower administrative organs to carry out various tasks necessary for maintaining peace and order, tax collection, and economic and social growth. These Acts also define the responsibilities of the administration, limit their powers, and provide mechanisms for grievance redressal for individuals affected by administrative actions. Examples include the Companies Act, SEBI Act, Labour Codes, etc. Ordinances, Administrative Directions, Notifications, Circulars: These are forms of delegated legislation or executive instructions. Ordinances: Issued by the President or Governor when the legislature is not in session, allowing the administration to take immediate necessary steps to deal with unforeseen developments. Administrative Directions/Instructions: Issued by the executive in the exercise of powers granted under various Acts. They guide administrative agencies in implementing laws. Notifications and Circulars: These are often issued by government departments or regulatory bodies to clarify legal provisions, implement policies, or provide guidelines. Judicial Decisions (Precedents): The judiciary acts as the final arbiter in disputes between various wings of government or between citizens and the administration. In India, the Constitution is supreme, and the Supreme Court has the authority to interpret it. Through their various decisions on the exercise of power by the administration, the liability of the government in cases of breach of contract or tortious acts of government servants, the courts lay down administrative laws that guide future conduct. These judicial precedents establish principles of natural justice, judicial review, and other doctrines of administrative law.

Topics: Administrative Law

Open in Interactive Practice Hub · Full Practice Hub · Chapter Weightage · More in this subject

Related Questions in this Topic