Model Answer
0 min readIntroduction
The distinction between administrative law and constitutional law, while conceptually useful, is increasingly becoming blurred in modern governance. Administrative law, traditionally concerned with the procedures and actions of administrative agencies, is now deeply intertwined with constitutional principles. The assertion that administrative law is becoming “more constitutional in character” stems from the growing recognition that administrative actions must adhere to fundamental rights and principles enshrined in the constitution. This trend reflects a broader shift towards judicial review of administrative actions based on constitutional grounds, effectively elevating administrative law to a higher plane of constitutional scrutiny.
Defining the Domains
Constitutional Law is the fundamental law of the land, defining the structure of the state, the powers of its organs, and the rights of citizens. It is typically embodied in a written constitution, like the Constitution of India (1950), and interpreted by the judiciary.
Administrative Law, on the other hand, governs the activities of administrative agencies of government. It deals with rule-making, adjudication, and enforcement of regulations. It’s largely uncodified in India, evolving through precedents set by courts.
The Porous Divide: Overlapping Principles
The conceptual separation is ‘porous’ because administrative law increasingly operates within the framework of constitutional principles. Several key areas demonstrate this overlap:
- Natural Justice: Principles of audi alteram partem (hear the other side) and nemo judex in causa sua (no one should be a judge in their own cause) – core tenets of natural justice – are fundamental to both constitutional and administrative law. Administrative agencies are bound to follow these principles when making decisions affecting individual rights.
- Judicial Review: Article 32 and 226 of the Indian Constitution provide for judicial review of administrative actions. Courts can invalidate administrative decisions that violate fundamental rights or are deemed arbitrary or unreasonable. This power ensures administrative actions remain within constitutional boundaries.
- Legitimate Expectation: The doctrine of legitimate expectation, developed through judicial pronouncements (e.g., Navin Kumar v. Union of India, 1998), requires administrative agencies to act fairly and consistently with past practices, a principle rooted in constitutional fairness.
- Proportionality: Increasingly, Indian courts are applying the principle of proportionality – ensuring that administrative actions are proportionate to the objective sought to be achieved – a concept borrowed from constitutional jurisprudence.
Administrative Law as ‘More Constitutional’
Several factors contribute to the argument that administrative law is becoming ‘more constitutional’:
- Expansion of Fundamental Rights: The scope of fundamental rights has expanded through judicial interpretation, bringing more administrative actions under constitutional scrutiny.
- Public Interest Litigation (PIL): The rise of PIL has enabled citizens to challenge administrative actions that violate constitutional rights, even in the absence of direct personal injury.
- Statutory Incorporation of Constitutional Principles: Legislation governing administrative agencies often incorporates constitutional principles. For example, the Right to Information Act, 2005, promotes transparency and accountability, aligning with the constitutional right to freedom of speech and expression.
- Administrative Tribunals: While established under Article 323B, administrative tribunals are increasingly guided by constitutional principles of fairness and due process.
Illustrative Examples
| Area of Administrative Action | Constitutional Principle Involved | Judicial Intervention |
|---|---|---|
| Government Contracts | Article 14 (Equality before Law) | Courts scrutinize contract award processes for fairness and transparency. |
| Disciplinary Proceedings against Civil Servants | Article 21 (Right to Life and Personal Liberty) | Courts ensure due process and natural justice is followed. |
| Environmental Regulations | Article 21 (Right to a healthy environment) | Courts enforce environmental regulations to protect citizens’ right to a clean environment. |
Conclusion
The traditional division between administrative and constitutional law is demonstrably weakening. Administrative law, through judicial review and the increasing incorporation of constitutional principles, is evolving into a field deeply rooted in constitutional values. This ‘constitutionalization’ of administrative law is a positive development, ensuring greater accountability, fairness, and protection of citizens’ rights in the face of expanding state action. The trend suggests a future where administrative agencies will be held to increasingly stringent constitutional standards, further solidifying the rule of law.
Answer Length
This is a comprehensive model answer for learning purposes and may exceed the word limit. In the exam, always adhere to the prescribed word count.