Administrative Law & Its

Interaction with Constitutional

Law

SUBMITTED BY: ARNAV SUBMITTED TO:

BISHNOI DR. VICTOR VAIBHAV
ROLL NO. 15244 TANDON
GROUP NO. 22
 INTRODUCTION

Constitutional law and Administrative law have

always been intermingled with each other and
Constitutional law has always impacted and growth
of administrative law, it has left deep impact on
working of all the administrative wings of Govt.
Admin. Law, as a special branch of law can be said to
be a product of post Industrial Revolution period.
In India, there has been lack of legislation so as to
regulate the liability of state and its servants for the
torts they commit, the major part of the subject has
grown through judicial decisions.
CONSTITUTIONAL LAW & ADMINISTRATIVE
LAW

It is logically impossible to distinguish

Administrative law from Constitutional law and all
attempts to do so are artificial Keith.
Constitutional law and Admin law, both are public
laws. Till recent time period, the subject of
Administrative law was dealt within the books of
Constitutional law and no separate treatment was
being given to it.
Constitutional law is concerned with the organization,
power & functions of various organs of Govt at rest,
while Admin law is concerned with all those things in
motion.
 CONTINUED

Constitution & Administrative law bear to each other

relation of overlapping but non concentric circles.
In England, Constitutional law
has no particularly special Administrative Constitutional

effect on Admin law as the

Law Law

constitution there is unwritten.

While Constitutional law is concerned with status of
various wings of Govt. Admin law is concerned with
proper working of various departments of the Govt.
The Administrative act (statutory or not) will be
annulled if it is in contravention to the Grundnorm.
 SEPERATION OF POWER IN PRACTICE

If the Rule of Law as enunciated by Dicey affected

the growth of Administrative Law in Britain, the
Doctrine of Separation of Powers had an intimate
impact on the development in the U.S.A.
Probably, the principal doctrinal barrier to the
development of the administrative process has been
the theory of separation of powers.
This doctrine was accepted strictly by the founding
fathers of USA, from 1787 to 2017, in these 236
years, as the field & work in Admin fields increased
the rigors' of this doctrine have been quite relaxed.
 CONTINUED: INDIA

Reading the Constitution may tempt you to say that

the doctrine of Separation of powers is very much
present and accepted in our Constitution. Executive
powers are with President, Legislative with Parliament
and Judicial powers lies with Judiciary.
Kartar Singh v. S.O. Punjab
It is basic postulate under Indian Constitution that the power
has been distributed between Legislation, Judiciary and
Executive.
Ram Jawaya Kapoor v. S.O. Punjab
Constitution not recognized the doctrine absolutely, but functions
of different Govt branches have been sufficiently differentiated.
 CONSTITUTION CONSTITUTING
ADMINISTRATIVE AGENCIES

The Constitution itself provides for the establishment

of some administrative agencies so as to regulate the
intricacies of a specific field, thus the Constitution is
the governing father of some of the very important
Administrative Agencies.
Election Commission, Finance Commission, Water
Dispute Authority, Public Service Commission, etc.
Establishment of C.A.T under the Administrative
Tribunal Act 1985 for cases relating to service matters
is an essential step for growth of Admin law in India.
 CONCLUSION

Both the subjects tend to overlap each other with

Admin law largely being evolved or carved out of the
Constitutional Law. The very development of Admin
Law can be credited to the Industrial & Economic
development as well as Constitutional Law.
Though, the relationship not being very clear or
distinct between the two subjects, we dont need
magnifying glasses or need to read between the lines
so as to establish a relationship between the two.
The dividing line between both these subjects is a
matter of convenience because every student of
Admin law has to study Constitutional Law.