Relationship Between Administrative Law and Constitutional Law

Relationship between Administrative Law and Constitutional Law
The relationship between Constitutional Law and Administrative Law is very complicated. The
origin of Administrative Law depends upon Constitutional Law. When we got independence in 1947
then at that time the people were provided with various Articles in our Constitution which is a legal
document and which is a platform for the proper functioning of the administrative settlement of
administrative authorities. In countries like India, which has its own written Constitution, there is an
additional control over administrative actions by the Constitutional Law which imposes limitations
upon the organs of the administrative body. So in a country having a written Constitution with judicial
review, it is impossible to separate Administrative Law from the Constitutional Law completely.
There is an important distinction between English Administrative Law and Indian

Administrative Law. While in England, an administrative action can be challenged as ultra vires the
statute under which it was performed, in India, it can also be challenged as ultra vires the Constitution.
In India, an administrative action has to meet 4 tests:
1. The action must have been taken in accordance with the Rules and Regulations.
2. The Rules and Regulations must conform to the relevant statute i.e. the Parent Act.
3. The action, the Rules and Regulations and the Parent Act must conform to the constitutional
pattern.
4. If it happens to be a constitutional amendment, such amendment must be in conformity with the
basic structure of the Constitution.
The relationship between the Administrative Law and Constitutional Law is not very
watertight; sometimes Administrative Law invades into the territory of constitutional law. Both
Constitutional Law and Administrative Law are parts of the public law which shows that
Constitutional Law is the mother of Administrative Law and it cannot be totally separated from each
other. In Constitutional law, arbitrary action is limited by the norms and principles of Administrative
Law of fairness, reasonable and justness.
Both are concerned with functions of government, both are a part of public law in the modern
state and the sources of the both are the same. Yet there is a distinction between the two. The
Administrative Law is an addition of the Constitutional Law.
Keith observed: “It is logically impossible to distinguish Administrative from Constitutional

Law and all attempts to do so are artificial.”
However, according to Holland, “Constitutional Law describes the various organs of the
government at rest, while Administrative Law describes them in motion.”
According to Jennings “Administrative Law deals with the organisation, functions, powers and
duties of administrative authorities while Constitutional Law deals with the general principles relating
to the organisation and powers of the various organs of the State and their mutual relationship with the
individuals. In other words, Constitutional Law deals with fundamentals while Administrative Law
deals with details.
Their definition clearly states that the laws are dependent and interconnected to each other.
Whatever may be the argument and counter argument, the fact today that Administrative Law is
recognized as a separate independent branch of legal discipline though at times the discipline of
Constitutional Law and Administrative Law may overlap. The correct position seems to be that if one
draws two circles of administrative law and a constitutional law, a certain place they may overlap and
this area may be termed as ‘watershed’ in administrative law. It can include the whole control
mechanism provided in the constitution for the control of administrative authorities which includes
Article 32, 136, 267, 227 and 311, etc. It may also include inter-state council; Article 263, finance
commission; Article 280; interstate water dispute authorities; Article 262, public service commission.
It may also include the limitation imposed by constitutional laws on delegations of powers to the
administrative authorities. So the watersheds under Administrative Law show that it is not totally
independent from Constitutional Law. But it is inter-related to each other. The difference between the
two itself shows that both are supplementary and complementary to each other.
WATERSHED
Constitutional Administrative
Law Law
So we can say that the structure of legislature and executives is the subject matter of Constitutional
Law and its functions are the subject matter of Administrative Law. Both these subjects are closely
connected to each other and form the platform for proper, responsive and accountability of the act to
the government. Constitutional Law is core law which gives very life and blood to the Administrative
Law. Anything which is derogatory to the words and spirit of Constitutional Law is ultra vires and
void-ab-initio.
Differences:
It is a necessity of time to draw a line of between these two laws in order to define the territory of the
functioning of the jurisdiction of both the laws.
1. A Constitution is the supreme law of the land. No law is above the constitution and hence must
satisfy its provisions and not be in its violation. Administrative Law hence is subordinate to
constitutional law. In other words, while Constitution is the genus, Administrative Law is a
species.
2. Constitution deals with the structure of the State and its various organs. Administrative Law, on
the other hand, deals only with the administration.
3. Administrative Law deals with the organizations, powers, functions, and duties of administrative
authorities, on the other hand, Constitutional Law deals with the general principles relating to
the organization and powers of various organs of the state and the relationship of these organs
with the individuals.
4. The constitution describes the various organs of the government at rest, while Administrative Law
describes them in motion.
5. It may be pointed out that Constitutional Law deals with the rights and Administrative Law focus
on public needs.

Relationship Between Administrative Law and Constitutional Law

Uploaded by

Copyright:

Available Formats

Relationship Between Administrative Law and Constitutional Law

Uploaded by

Document Information

Original Description:

Copyright

Available Formats

Share this document

Share or Embed Document

Sharing Options

Did you find this document useful?

Is this content inappropriate?

Copyright:

Available Formats

Relationship Between Administrative Law and Constitutional Law

Uploaded by

Copyright:

Available Formats

Relationship between Administrative Law and Constitutional Law

There is an important distinction between English Administrative Law and Indian

Keith observed: “It is logically impossible to distinguish Administrative from Constitutional

You might also like