1st lecture

Definition of Administrative law

According to me ,
Administrative law is all Administrative activities of the government,
through which ensure all if rights and liabilities of the people in the
Legal way by the Administrative agency and relation between
Administrative agency and person.
Administrative law deals with legal control of government and related
Administrative power. It is branch if public law that regulates the
relation new the citizens and the state and include the exercise if you
get stated power. For example, Administrative law to ensure social
security and Administrative benefits to the people.
According to Friedman, Administrative Law includes the following:
1. The legislative powers of the administration.
2. The administrative powers of the administration.
3. Judicial and quasi-judicial powers of the administration, all of them
statutory.
4. The legal liability of public authorities.
5. The powers of the ordinary courts to supervise the administrative
authorities
What are the functions of Administrative law in modern welfare
state?
First of all we know that Administrative law is public law. In a modern
welfare state, in order to ensure rights and welfare/ liabilities of the
people. There are many function of the Administrative law for the
modern welfare state. As,
 Defense of nation
 Collection of Revenue
 Maintenance of law and ordinance
 Bring Administrative Justice
 The control of banking
 Rural development
 Agriculture revolution
 Insurance
 Financial benefits.
 Public utility
 Health and moral
 Provided education
 Eliminate poverty and exploitation.
Other functions: promote illiteracy, manufacture and distribute,
remove all bias from society, prevent unfairness and discrimination,
carry out other functions which will develop nation. In a welfare state,
these are the functions of administrative law. It’s should be ensuring for
the people by the administrative authorities.
2nd and 3rd lecture
The origin and Growth of Administrative Law
We know that administrative law has been most outstanding legal
development of the twentieth century. That centuries that the
Administrative law has developed in quantity and quality. But it doesn’t
mean there was administrative law before twentieth century. We know
that American and Frances fully developed administrative law before
twentieth century. So, it say that twentieth century is very importance
for the development of Administrative law.
Administrative law application in 20th century which radical change in
legal system. Administrative law works as a supplement of
constitutional law & individuals right check and balance.
In 1789, French Revolution we got idea of Administrative laws. In that
year, French adopted a system which is called “Droit Administratif” and
Napoleon Bonapart founder of this principles . By this principles given a
special and protection of the public servant. As, about their rights,
liabilities, responsibility etc. He was established that principles for the
developed for their country. Because of , the common people did not
filed to suit against public servant for any work their . By this principles
provided their Special protection and security. And he got this positive
results of principles. And, with this system brought into ‘Conseil D’etat”
for to see or monitor official activity. But conseil dEtat mean council of
State. After a long time of “Conseil d’etat” Uk and Us adopted it in their
nation. But primarily A. V Dicey was criticized about this principles,
after he had been abide by this principles.
The lord donughmore committee, 1929 passed an regulation to
“Control Subordinate Legislation”, then In 1947 Crown Proceeding Act
adopted which allow to initiating civil proceedings against crown/King
as any private person. In 1958, Tribunal and Inquiries Act passed to
control and supervision of administrative law.
Been Vs Amalgamated engineering Union 1971.
It is a landmark or famous case for recognized administrative law. By
this case has been first recognized administrative law in the UK.
USA
The US , easily they were abide by principles of Nepoleon thereby there
were advanced from the British.
In USA, 1933 US first come out with the idea of judicial control concept
over administrative law, later 1948, to control and binding judicially of
administrative action.
Compare between USA and UK Administrative law. Following given
below.
 For recognized administrative law, the America was advanced to
British. Because, primarily, the Droit Administrative principles was
rejected by UK. And They were not abide by this principles or
policy.
 In British, Donughmore committee was the first step of the
recognized administrative law, but in 1933, the American was
passed total body of the Administrative law.
 In UK , first recognized administrative law by the donughmore
committee-1929 and since it was passed to delegated legislation
by that committed. After it was partially recognized administrative
law. On the other hand, In 1933 USA says that Passed a law for
the control of administrative body.

Indian (sub continent)

In India, British rulers has made a significant rule to adopt and
developed administrative law with Judicial Plan 1793, Delegated
legislation Indian canal and drainage act 1873, Opium Act 1878, Indian
Explosive Act, 1884.
Now , we see administrative case reference in indian subcontinent.
 Joseph kuruvilla Vellukunnel vs RB 1962
The supreme court upheld that “The reserve bank has the right to
declare final decisions”. This is first case about administrative law
recognized after independence in 1947.
From A.D.M Jabalpur vs Shivkanth Sukhla case Emerged a idea of
judicial interpretation of administrative law.
In Brarti vs State of Kerala (1984)
Special Power to Administrative members in certain cases. This case
state that rule of law and basic structure, so rule of law connected with
the Administrative law.
Javit Rasol Bhat Vs Jand K
Special Power to Administrative members in certain cases.
Dr. Nurul Islam vs Bangladesh
The court made it clear that power will be discriminatory without
providing conferment of discretionary power guidelines.

Droit Administrative
Droit Administrative is a special protection for the public servant. It was
derived from the French, the Napoleon Bonaparte’s founder of that
principles. Meaning of this principles The body of rules which regulated
relation of administration authority towards private citizens.
Droit Administrative system is consist based on two principles. Such as ,
 The government and every government officio will get special
right and protection privileges as against the citizens.
 Such right and privileges etc. are determined on the principles
different from the consideration that fixed the legal rights and
duties of citizens.
If any government servant committed a wrongful act by the official
capacity, then the common people will not filed the suit against
government servant. Because of they are Special administrative court
manned by civil servant.
Also, Nepoleon was established conseil d'état which means the council
of State.
Administrative Law is taken to mean the law according to which actions
by the citizens against officials for wrongful acts committed in their
official capacity are tried not by ordinary courts of law but by special
administrative tribunal or courts manned by civil servants. But overall
controlled by conseil d'état (council of State). It is main themes of Droit
Administrative. Its review every administration action.
 Income Tax,
 Claims for damages for wrongful acts of Government servants.
 Personal claims of Civil Servants against:
 Wrongful dismissal or
 Suspension.
 Disputed elections, etc.
The Conseil d'État can interfere in administrative order if there is:
1. Lack of jurisdiction.
 2. The error of law.
3. Misapplication of power
4. The irregularity of procedure.
The limitations or drawbacks of Droit Administration:
British Jurist A. V. Dicey once expressed his views that there is no Rule
of Law in France due to the Droit Administration. He thought that the
Droit Administration is in contrary or opposition to the Rule of Law.
But it appeared he was mistaken.
These features of the Administrative Law of France were, according to
Dicey, sharply different from the Rule of Law, which stood for:
 Predominance of regular law on all.
 Equality of all the citizens, whether officials or non-officials before
the ordinary law of the land as administered by ordinary courts. It
repudiates the system of special administrative courts; and
 Primacy of the rights of the individuals as defined and enforced by
ordinary courts of the land.

English jurist A.V. Dicey identified three distinguishing features of

Droit Administratiff:
 By this law, the rights of the state are determined by a special
body of law and rules which are not applicable to the ordinary
citizens.
 The ordinary courts have no jurisdiction in cases in which the
state or state officials in their official capacity are a party. Such
cases are tried by administrative courts consisting of state officials
instead of judges.
 As an inference, Dicey thought that a special protection is given to
officials in France for acts performed in their official capacities.
History, Origin and Development Of Administrative Law
We know that administrative law has been most outstanding legal
development of the twentieth century. That centuries that the
Administrative law has developed in quantity and quality. But it doesn’t
mean there was administrative law before twentieth century. We know
that American and Frances fully developed administrative law before
twentieth century. So, it say that twentieth century is very importance
for the development of Administrative law.
Now , we know origin and development administrative law in England.
4th Lecture
Distinction between constitutional law and administrative law.
Following given below,
1. Constitution is a supreme law of a country. But administrative law
is subordinate under the constitution.
2. Constitutional law is a superior law of a land but Administrative
law is not superior, it is subordinate law under constitution.
3. Administrative law is mainly concerned with the executive branch
of the government while the constitutional law lays equal
emphasis on the executive, legislative and Judicial branches of the
government.
4. The constitutional law deals with major rules and board of
principles and leave the detailed application and discussion of the
rules to the Administrative law.
 5. The constitutional law describes the various organs of the
government at rest while administrative law describes them in
motion.
6. Constitution is codified law , but administrative law is not codified
law.
7. Constitutional law can do many things outside of administrative
law. But the Administrative law can’t anything outside
constitutional law.
8. The constitution cannot be easily changed, but the administrative
law can be easily changed.
9. Constitutional law gives or makes the power to make laws. But
administrative law speaks to those who can make laws.
10. The constitutional law is the most Important source of
Administrative law and also various principles derived from the
constitutional law form the basis of the Administrative law.
However, the Administrative law has no important source of
constitutional law.

Relationship between constitutional and administrative law.

There are some relationship given below, as .
 Both the constitutional law and the administrative law are the
parts of the public law.
 The constitutional law describes the various organs of the
government at rest but administrative law describes them in
motion.
 Constitutional law and administrative law are complementary or
soul to each other.
 The constitutional law is the fundamental law of the land where
the system is regarded as supremacy of the constitution. Any laws
 inconsistent with the constitution shall, to the extent of such
inconsistency, be void. Under Article 8(2) of BD constitution.
 Constitutional law studies the general principles of the formation
of the organs of the governments, their powers, rights and duties
and the relationship with the people. Administrative law is the law
relating to the administration. It determines the organization,
powers and duties of the administrative authorities....Ivor
Jennings
 In other words constitutional law deals with fundamental while
administrative law deals with details. It may also be pointed out
that the constitutional law deals with the rights and
administrative law lays emphasis on public need.
 In constitutional law, arbitrary action is limited by the norms and
principles of administrative law of fairness, reasonable and
justness.

Relationship between constitutional and administrative law in India:

Both the constitutional and administrative law is a part of the public
law in the modern State. It is logically impossible to distinguish
between administrative law from constitutional law and all attempts to
do so are artificial. Till recently, the subject of administrative law was
dealt with & discussed in the books of constitutional law and no
separate & independent treatment was given to it.
Many definitions of administrative law, was included in constitutional
law. According to Holland, the constitutional law describes the various
organs of the government at rest while administrative law describes
them in motion. Therefore according to this view, the structure of the
legislative and executive comes within the preview of the constitutional
law but their functioning comes within the sphere of administrative
law.
On one hand administrative law deals with the organization, function,
powers and duties of administrative authorities while constitutional law
deals with the general principles relating to the organization and
powers of the various organs of the state and their mutual relationships
and relationship of these organs with the individuals.
In other words constitutional law deals with fundamental while
administrative law deals with details. It may also be pointed out that
the constitutional law deals with the rights and administrative law lays
emphasis on public need. The countries which have written
constitutional law likewise India, the difference between constitutional
law and administrative law is not as nuclear as in England.
In such countries the source of constitutional law is constitution while
the source of administrative law may be statutes, statutory
instruments, precedents and customs. India has a written constitution
while the constitutional law deals with the general principles relating to
the organization and power of the legislature, executive and the
judiciary.
According to Mait Land, constitutional law deals with structure and the
broader rules which regulate the function while administrative law
deals with the details of those functions. The dividing line between the
constitutional law and administrative law is a matter of convenience
because every researcher of administrative law has to study some
constitutional law.
The importance of administrative law has not been adequately
appreciated by governments, both center as well as the states. Indian
administrative law has grown rather sporadically and unsystematically.