Indian Experience

Difference between Administrative

Law and Constitution
To the early English writers on administrative law there
was no difference between administrative law and
constitutional law. Therefore, Keith observed:
It is logically impossible to distinguish
administrative from constitutional law and all
attempts to do so are artificial.
However, according to Holland, the constitutional law
describes the various organs of government at rest, while
contd…….
Contd……
while administrative law describes them in motion.
Therefore according to this view, the structure of the
legislature and the executive comes within the purview
of constitutional law, but their functioning comes within
the sphere of administrative law.
According to Jennings view, “administrative law
deals with the organisation, functions, powers and
duties of administrative authorities while constitutional
law deals with the general principles
contd…..
Contd……
relating to the organisation and powers of various organs
of the State and their mutual relationships and
relationship of these organs with the individual. In other
words, constitutional law deals with fundamentals while
administrative law deals with the details.
Importance of Written Constitution
and easy to differentiate
In countries which have written constitutions, the
difference between Constitutional law and
Administrative law is not so blurred as it is in England.
In such countries, the source of constitutional law is the
Constitution while the source of administrative law may
be statutes, statutory instruments, precedents and
customs.
“Watershed” in Administrative Law
Today administrative law is recognised as a separate,
independent branch of the legal discipline, though at
times these two may overlap.
The correct position seems to be that if
one draws two circles of administrative law and
constitutional law, at a certain place they may overlap
and this area may be termed as the “watershed” in
administrative law.
Watershed and Indian Position
In India, in the watershed one can include the whole
control mechanism provided in the Constitution for the
control of administrative authorities, i.e. Articles 32, 136,
226, 227, 300 and 311.
It may also include the study of those
administrative agencies which are provided for by the
Constitution itself, i.e. Inter-State Council (Art. 263);
Finance Commission (Art. 280); Inter-State Water
Dispute Authority (Art. 262); contd…….
 Contd……
Public Service Commissions (Art. 315) and Election
Commission (Art. 324).
It may further include the study
of Constitutional Limitations on Delegation of Powers to
the administrative authorities and also those provisions
of the Constitution which place fetters on administrative
action, i.e. fundamental rights.