Sources of Administrative Law in India
📘 Sources of Administrative Law in India
Administrative Law governs the actions of administrative authorities and ensures their exercise of power is lawful, reasonable, and just. Its sources are both formal (legal) and informal (non-legal) and come from the Constitution, statutes, judicial decisions, and more.
🧾 I. Constitution of India – Primary Source
The Constitution is the supreme law of the land and the most important source of administrative law in India. It provides:
Framework for governance
Distribution of powers
Limits on administrative discretion
Remedies against administrative abuse
Key Constitutional Provisions:
Article 14 – Equality before law (prohibits arbitrary action)
Article 21 – Protection of life and personal liberty (fair procedure)
Article 32 & 226 – Writ jurisdiction against administrative excess
Article 73 & 162 – Executive powers of Union and States
Article 311 – Safeguards to civil servants
🔍 Case 1: Maneka Gandhi v. Union of India (1978)
Facts: Maneka Gandhi’s passport was impounded without giving her an opportunity to be heard.
Issue: Was the administrative action violating Article 21?
Held: Supreme Court held that the right to life includes right to travel, and fair procedure is part of Article 21.
Importance:
Introduced “due process” in Indian law.
Administrative discretion is subject to reasonableness and fairness.
🏛️ II. Statutory Laws (Legislation)
Parliament and State Legislatures create statutes that delegate powers to administrative authorities. These laws govern:
Creation of administrative bodies
Powers, functions, and duties of officials
Rule-making powers (delegated legislation)
Penalties and procedural safeguards
Examples of Statutory Laws:
Right to Information Act, 2005
Administrative Tribunals Act, 1985
Environment Protection Act, 1986
Companies Act, 2013 (for regulatory bodies like NCLT)
Income Tax Act, 1961 (for tax authorities)
🔍 Case 2: A.K. Kraipak v. Union of India (1969)
Facts: Selection committee member was also a candidate for selection to Indian Forest Service.
Issue: Was the administrative action biased and violative of natural justice?
Held: The administrative function must be exercised fairly and without bias.
Importance:
Blurred the distinction between administrative and quasi-judicial functions.
Extended natural justice to all types of administrative actions.
⚖️ III. Judicial Decisions (Case Law / Precedents)
The doctrine of precedents plays a key role in shaping Indian administrative law. The Supreme Court and High Courts have developed key doctrines such as:
Natural Justice
Proportionality
Reasonableness
Legitimate Expectation
Judicial Review of Administrative Action
🔍 Case 3: D.K. Basu v. State of West Bengal (1997)
Facts: Increasing custodial deaths and police brutality.
Held: SC issued mandatory guidelines for arrest and detention procedures.
Importance:
Administrative authorities (like police) are bound by constitutional procedure.
Reinforced accountability and human rights protections under administrative law.
🔍 Case 4: State of Punjab v. Gurdial Singh (1980)
Facts: Land acquisition was challenged for being mala fide and targeting a particular person.
Held: SC held acquisition invalid; malicious exercise of power violates Article 14.
Importance:
Established that administrative discretion must be exercised in public interest, not for personal or political gain.
📄 IV. Delegated Legislation (Subordinate Legislation)
When Parliament or State Legislatures delegate powers to the executive to make rules, regulations, or notifications.
A practical necessity due to technical complexity and volume of regulations.
Examples:
Rules under the Motor Vehicles Act
Environmental regulations under EPA
Service rules under All India Services Act
But delegated legislation is subject to:
Judicial review
Constitutional limits
Parent statute conditions
🔍 Case 5: In re Delhi Laws Act Case (1951)
Issue: Validity of delegation of legislative power to the executive.
Held: Delegated legislation is permissible, but essential legislative functions cannot be delegated.
Importance:
First case to define limits of delegation.
Laid foundation for delegated legislative control.
🧑⚖️ V. Ordinances and Executive Instructions
Ordinances (Articles 123 and 213) – Temporary laws by President or Governors in urgent situations.
Administrative Instructions / Circulars – Non-statutory guidelines issued by ministries or departments.
While not law, they guide and shape administrative action. Courts can review them for fairness, arbitrariness, or inconsistency with law.
🔍 Case 6: Sant Ram Sharma v. State of Rajasthan (1967)
Facts: Employee challenged denial of promotion under executive instructions.
Held: Executive instructions can fill gaps, but cannot override statutory rules.
Importance:
Recognized value of administrative instructions in guiding discretion.
But they cannot contradict statutory provisions.
🌐 VI. International Conventions and Human Rights Instruments
While not binding unless incorporated into law, Indian courts have often relied on:
Universal Declaration of Human Rights (UDHR)
International Covenant on Civil and Political Rights (ICCPR)
Especially in administrative actions affecting human rights, courts use these principles to interpret Article 21 and other fundamental rights.
🔍 Case 7: Vishaka v. State of Rajasthan (1997)
Facts: Absence of any law on sexual harassment at workplace.
Held: SC laid down binding guidelines based on CEDAW (UN Convention on Elimination of Discrimination Against Women).
Importance:
Recognized that international law can guide administrative actions, especially in rights-based governance.
📌 VII. Customs, Usages, and Practices
Though not a formal source, administrative customs and precedents often influence decisions (especially in areas like civil service, public tenders, etc.).
Courts may recognize them if not inconsistent with law and if they have been consistently followed.
✅ Conclusion: Multi-Source Nature of Indian Administrative Law
| Source | Contribution |
|---|---|
| Constitution | Provides foundational principles and limitations |
| Statutes | Create administrative bodies and powers |
| Judicial Decisions | Develop doctrines like fairness, review, reasonableness |
| Delegated Legislation | Enables flexible regulation |
| Executive Instructions | Operational guidelines and procedures |
| International Law | Enhances human rights protection |
| Customs/Practices | Fill administrative gaps |
The Indian model of administrative law is dynamic, pluralistic, and constitutional in spirit. Courts play a central role in ensuring that all sources align with principles of fairness, legality, accountability, and justice.
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