PROJECT: Administrative Law

TOPIC
DISTINCTION BETWEEN ADMINISTRATIVE LAW AND
CONSTITUTIONAL LAW

ARMY INSTITUTE OF LAW, MOHALI

By
CH Akshaya (1913)

Under the guidance of

Mr. Bajirao Rajwade

In partial fulfillment of the requirements for the award of degree of

BA.LLB (3rd year : 2021-2022)

PANJABI UNIVERSITY, PATIALA

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 DECLARATION

It is certified that the project work presented in this report entitled Distinction
between Administrative law and Constitutional law, submitted by me to Army
Institute of Law, Mohali is a record of bonafide project work carried out by me
under the guidance of Mr. Bajirao Rajwade. All the ideas and references have
been duly acknowledged.

DATE : 02/08/2021

PLACE : Mohali

NAME : CH Akshaya

ROLL NO. : 1913

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 ACKNOWLEDGEMENT

The success and final outcome of this project required a lot of guidance and
assistance from many people and I am extremely privileged to have got this all
along the completion of my project. All that I have done is only due to such
supervision and assistance and I would not forget to thank them.

I respect and thank my teacher Mr. Bajirao Rajwade for providing me an

opportunity to do the project work and giving us all support and guidance which
made me complete the project. Heartily thank my parents for their blessings
which are always with me and encourage me for facing any challenge and
difficulty.

I would not forget to express my gratitude to my friends for their support and
help at every point of time.

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 Topic : Distinction between Constitutional law and Administrative law.

Before we understand the differences between these two mammoths that is the Constitutional
Law and Administrative Law, It is important for us to understand what exactly they mean in
their individual capacity.

Constitutional law
It is a body of law which defines the role, powers, and structure of different entities within
a state, namely the executive, the parliament or the legislature, and the judiciary; as well as
the basic rights of citizens and in federal countries such as the United States,
India, and Canada, the relationship between the central government and state, provincial, or
territorial governments.
It is essential that all functions and actions of the state are in an order and in accordance with
the principles as has been clearly laid down in the Constitution. Therefore, our fundamental
rights, duties and the enormous powers that the state possess is because of Constitutional
Law. Every other law derives its authority from this very body.

Administrative law
It is the body of law that governs the activities of administrative agencies of government.
Government agencies actions include rule making, adjudication, or the enforcement of a
specific regulatory agenda.
Administrative law deals with the decision-making of such administrative units of
government as tribunals, boards or commissions that are a part of a national regulatory
scheme in areas such as police law, international trade, manufacturing, the environment,
taxation, Broadcasting, immigration and transport”.
Administrative law has become very necessary in a developed society, the relationship of the
administrative authorities and the people had become very complex. In order to regulate these
complex relation, some law was necessary which will bring about regularity, certainty and
may check at the same time the misuse of powers vested in the administration. Therefore,
administrative law came into existence.
As every law of the state have to satisfy the constitutional benchmark, it is essential to know
the relationship between them. If Constitutional Law is the genus then Administrative Law is
its Species. Both of them are a part of the Public Law in the Modern State.

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They in fact are both important streams of law that govern the various affairs of the State and
its functions.

According to the early English writers, there is no difference between Administrative law and
Constitutional law. Till recently the subject of Administrative Law was dealt with and was
discussed in the books of Constitutional Law itself and no separate and independent treatment
was given to Administrative law. In many definitions of Administrative Law, it was included
in Constitutional law. 

Professor Keith says, “It is logically impossible to distinguish administrative law from

Constitutional Law, and attempts to do are so artificial”. Some jurists like Felix Frankfurter
went a step ahead and said that such exercise to differentiate between Administrative law and
Constitutional law is illegitimate and exotic. 

Difference Between Constitutional Law and Administrative Law:

According to Holland, “Constitutional Law describes various organs of the Government and
Administrative Law describes them in motion”. The executive and legislative structure come
in within the purview of constitutional law and their working is governed by the other.

Ivor Jennings, says that “Administrative law deals with the organization, functions, powers,
and duties of administrative authorities while general principles dealing with organization,
powers of various organs and their mutual relationship is dealt with by constitutional law”.

Mait land was not the supporter of the view of Holland, He Said, “Constitutional Law deals
with the structure and regulate the function and Administrative Law deals with the details of
the function”.
John Gardner says, that the distinction between questions of constitutional law and questions
of ordinary public law (also known as administrative law) lies in the sort of institutions that
these respective parts of the law are trying to regulate. Administrative law regulates
institutions whose powers are delegated that is ‘administrative institutions’. Constitutional
law regulates those that do the delegating, i.e. institutions whose powers are not delegated but
are, as it is sometimes put, inherent or original that is ‘constitutional institutions’.

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India has a written Constitution which is considered to be the Grand norm of the Legal
System by many. Constitutional law is the supreme law of the country, no law is beyond and
above the Constitution and hence must satisfy its provisions and should not be violating the
Constitution. So we can say Administrative Law is subordinate to Constitutional Law.

While the constitution touches all branches of law and deals with general principles relating
to the organization and power of the various organs of the state, administrative law only deals
with the powers and functions of the Administrative authorities.
Those countries that have written constitutions the difference between them is not that
blurred as in England. In such countries, the source of constitutional law is the constitution
while the sources of the others are the statutes, statutory instruments, precedents, and
customs. Whatever is the argument and counter-argument, the very fact today
that administrative law is recognized as a separate independent branch of legal discipline
though sometimes the discipline of both the said laws overlap. The right position seems to be
that if one draws two circles of each of these bodies, a certain place may overlap and this
area could also be termed as ‘watershed’.

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Doctrine of Watershed

As regards the relationship between them the correct position is said to be, if one draws two
circles of Constitutional Law and Administrative Law at a certain place they overlap and this
area may be characterized as the ‘Watershed’ in Administrative Law.
This formulation doesn’t differentiate but it lays a whole emphasis on the organizations,
powers, and duties to the exclusion of the way of their exercise.

A student of administrative law isn’t concerned with how a minister is appointed but only
with how a minister discharges his functions in reference to an individual or a group. And
how the minister of housing and rehabilitation is appointed isn’t the concern of administrative
law but when this minister approves a scheme of the new township which involves the
acquisition of homes and lands of persons living in the area questions of administrative
law arise.

It is really difficult to differentiate between Constitutional law and Administrative law but
some of the difference between them are:

1. Constitutional is the Supreme law of the Country whereas Administrative law is

Subordinate to the Constitutional law.
2. Constitutional law is regarded as Genus from where other laws originate whereas
Administrative law is species of Constitutional law.
3. Constitutional law largely deals with structure and different organs of the State
whereas Administrative law deals with various functions of the State and its
administrative bodies.
4. Constitutional law facilitates all the branches of law and gives guidelines with regard
to the general principals relating to organisation and powers of organs of the State and
there relation between citizens and towards the state whereas Administrative law
deals with powers and functions of the administrative bodies such public department,
local authorities and other statutory bodies.
5. Constitutional law also gives guidelines about the international law whereas
Administrative law is only related to the administrative authorities

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 6. Constitutional law imposes certain negative duties on administrators especially when
they caught violating the fundamental rights of the citizens, at the same time it also
imposes certain positive duties on administration. Ex implementation of social
welfare schemes whereas administrative law describes only functions and duties of
administrators.
7. Last but not the least the Constitutional law has complete authority over the
Administrative law and administrators of the country. So, Administrators are always
obliged to perform their functions with utmost obedience to the Constitutional law.

CONCLUSION

Therefore, we call the Constitutional Law and Administrative as the ‘twin sisters’. There are
differences and also there are similarities but each has its own fundamentals.

In other words, we can say that the structure of legislature in our country is the subject matter
of constitutional law and its functions are the subject matter of administrative law. Both these
subjects overlap each other at some point and enables to form a platform for proper,
responsive and accountability of the government. Constitutional law is core law which gives
very life and blood to the administrative law. 

Thank You.