Sources of Administrative Law
Sources of Administrative Law: Detailed Explanation
What is Administrative Law?
Administrative law governs the activities of administrative agencies of government. It deals with the powers, functions, and procedures of government agencies, ensuring that their actions comply with law and principles of fairness.
Primary Sources of Administrative Law
Constitution
The Constitution is the supreme source providing the foundation for administrative law. It defines the structure of government, delegation of powers, and fundamental rights protecting individuals against arbitrary administrative actions.
Statutes and Enabling Acts
These are laws enacted by the legislature that create administrative agencies and define their powers, duties, and procedures.
Delegated or Subordinate Legislation
This includes rules, regulations, notifications, and bylaws made by administrative agencies under the authority delegated by the legislature.
Judicial Decisions (Case Law)
Courts interpret statutes and review administrative actions, setting precedents that shape administrative law principles.
Administrative Procedures and Practices
Internal rules, manuals, and guidelines followed by agencies form a body of administrative law governing procedure.
Custom and Usage
Long-established administrative practices can have legal significance in some contexts.
Case Law Illustrating Sources of Administrative Law
1. Kesavananda Bharati v. State of Kerala, AIR 1973 SC 1461
➡️ Constitution as the Ultimate Source
Facts:
This case challenged the extent of Parliament’s power to amend the Constitution.
Holding & Explanation:
The Supreme Court held the basic structure doctrine, stating that while Parliament has wide powers, it cannot alter the Constitution’s basic structure.
This case underscores the Constitution as the supreme source limiting administrative and legislative actions.
2. A.K. Kraipak v. Union of India, AIR 1970 SC 150
➡️ Statutes and Principles of Fairness
Facts:
The case involved the selection process for a government position.
Holding & Explanation:
The Court emphasized that the exercise of power under statutes must comply with natural justice.
It recognized the statutory delegation to administrative authorities but subjected it to judicial review.
Demonstrates the role of statutes and judicial interpretation as sources of administrative law.
3. R.D. Shetty v. International Airport Authority of India, AIR 1979 SC 1628
➡️ Judicial Control of Administrative Actions
Facts:
The government authority refused to grant a license without reasons.
Holding & Explanation:
The Court held that administrative actions must be fair, reasonable, and non-arbitrary.
This case illustrates judicial decisions shaping administrative law and enforcing accountability.
4. Union of India v. G. Ganayutham, AIR 1997 SC 1124
➡️ Delegated Legislation and Its Limits
Facts:
The issue concerned the validity of a regulation made by an administrative authority under delegated powers.
Holding & Explanation:
The Court held that delegated legislation must comply with the parent statute and cannot exceed or contradict it.
This case clarifies the source and limits of subordinate legislation in administrative law.
5. Maneka Gandhi v. Union of India, AIR 1978 SC 597
➡️ Constitutional Rights and Administrative Procedures
Facts:
The government impounded Maneka Gandhi’s passport without proper explanation or hearing.
Holding & Explanation:
The Supreme Court expanded the scope of Article 21, enforcing procedural fairness in administrative decisions.
Reinforces the Constitutional source as a protector of administrative fairness.
Summary Table of Cases and Sources
| Case | Source Highlighted | Key Principle |
|---|---|---|
| Kesavananda Bharati (1973) | Constitution | Limits on legislative and administrative power |
| A.K. Kraipak (1970) | Statutes and Fairness | Statutory powers subject to natural justice |
| R.D. Shetty (1979) | Judicial Review | Courts check administrative arbitrariness |
| Union of India v. Ganayutham (1997) | Delegated Legislation | Subordinate legislation must comply with parent act |
| Maneka Gandhi (1978) | Constitution & Procedure | Due process in administrative decisions |
Conclusion
The sources of administrative law are multi-faceted, primarily rooted in:
The Constitution, which provides the basic framework and fundamental rights,
Statutes enacted by legislatures that create and empower administrative agencies,
Delegated legislation, which operationalizes the statutes,
Judicial decisions, which interpret and regulate administrative powers,
And administrative practices and customs, which supplement formal rules.
Together, these sources create a system ensuring that administrative authorities act lawfully, fairly, and accountably.
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