What are the principal sources of Administrative Law in India? Explain in brief.
CS Executive · Jurisprudence, Interpretation and General Laws · PYQS · December 2020
What are the principal sources of Administrative Law in India? Explain in brief.
Answer & Explanation:
There are four principal sources of administrative law in India: Constitution of India: It is the primary source of administrative law. Article 73 of the Constitution provides that the executive power of the Union shall extend to matters with respect to which the Parliament has power to make laws. Similar powers are provided to States under Article 162. Indian Constitution has not recognized the doctrine of separation of powers in its absolute rigidity. Acts/ Statutes: Acts passed by the central and state governments for the maintenance of peace and order, tax collection, economic and social growth empower the administrative organs to carry on various tasks necessary for it. These Acts list the responsibilities of the administration, limit their power in certain respects and provide for grievance redressal mechanism for the people affected by the administrative action. Ordinances, Administrative directions, Notifications and Circulars: Ordinances are issued when there are unforeseen developments and the legislature is not in session and therefore cannot make laws. Ordinances allow the administration to take necessary steps to deal with such developments. Administrative directions, notifications and circulars are issued by the executive in the exercise of power granted under various Acts. Judicial decisions: Judiciary is the final arbiter in case of any dispute between various wings of government or between the citizen and the administration. In India, we have the supremacy of Constitution and the Supreme Court is vested with the authority to interpret it. The courts through their various decisions on the exercise of power by the administration, the liability of the government in case of breach of contract or tortious acts of Governments servants lay down administrative laws which guide their future conduct.
Topics: Administrative Law
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