This Article is written by Anju Malik of Department of law of Bhagat Phool Singh Mahila Vishwavidyalya, an intern under Legal Vidhiya.
ABSTRACT
“The Constitution is not a mere lawyer’s document, it is a vehicle of life and its spirit is always the spirit of age”[1]. In the modern period, administrative law is acknowledged as a distinct field of legal study, but concurrently, the disciplines of constitutional administrative law may cross over with one another in a specific location, which is known as a water shade in administrative law. All attempts to discriminate between administrative and constitutional law are futile since it is illogical to do so. The domains of law that form and govern the institutions of state government are the constitution and administrative legislation. They also cover how international legal systems are run internally. Their interest in the interaction between various levels of government within and outside of states, as well as the relationship between internal and exterior legal norms, is growing. Before we proceed further let’s take a quick glance at the meaning of Administrative law and Constitutional law and what is the basic difference between them.
KEYWORDS
Administrative law , Constitutional law , Doctrine of water shades, Public law, Overlapping areas.
INTRODUCTION
The Constitution is not a mere lawyer’s document, it is a vehicle of life and its spirit is always the spirit of age .Two legal areas that are essential to regulating how the government and its administrative agencies conduct their business are administrative law and constitutional law. Although they are separate fields, there is a sizable overlap between them that is known in administrative law as the “watershed area”. Any legislation or action that violates the Constitution is deemed invalid. It raises the intriguing question of how the Constitution came to be so powerful and what makes it the ultimate document that surpasses all else.
Administrative law is the body of law that regulates administrative actions. According to Ivor Jennings, administrative law is referred to as administrative law. It lays down the organization, power, and duties of administrative authorities. The legal responsibilities of public authorities, the ability of normal courts to supervise administrative authorities, the power of administrative bodies to make rules, and the quasi-judicial role of administrative agencies are all covered. It has authority over the executive branch and ensures that it treats the public fairly.
BRIEF ABOUT CONSTITUTIONAL LAW
The term “constitution” in French refers to the set of fundamental rules and regulations that govern the actions of a nation-state or any other kind of organization. Since a state’s constitution is the supreme law of the land, it must adhere to stricter standards of legitimacy and integrity. The underlying ideals, institutional structure, and procedural requirements of the state are described together with the development paths for each path. Constitutional law is concerned with how the Constitution and its underlying ideas are interpreted and applied. It acts as the basis for people’s access to a number of fundamental rights, such as the rights to life, privacy, mobility, and the ability to vote. It describes the formal conditions that must be met before a governing authority can affect a person’s rights, liberties, or property. Among other things, constitutional law deals with topics like judicial review, fundamental duties, and legislative authority. Due to its crucial role in interpreting the Constitution and the language used within, the Supreme Court of India has significantly advanced the field of constitutional law. The first step in this contribution is to define the term “Constitution,” along with its scope, personality, and functions inside a state. The contribution also assesses the Indian Constitution’s preamble, essential rights, and obligations. The paper concludes with an examination of the architecture and structure of the Indian constitution. It also explores the DPSP from the position of socialist, Gandhian, and other ideas.
INDIAN CONSTITUTIONAL HISTORY
A number of laws passed by the British Parliament before the constituent assembly met in 1948 to draft the Indian constitution that was ratified in 1950 and is still in force today essentially comprise the fundamental laws of India. Among them, the Government of India Acts of 1919 and 1935 were essential.
INDIAN GOVERNMENT ACT 1919
This law’s primary objective, which was to boost local political participation, was to show thanks for India’s role in World War One. One of the most significant changes brought about by the Act was the dual structure of government with limited autonomy for the main provinces. The imperial legislative council was replaced by a bicameral legislature covering the whole of India. The Act also established the position of High Commissioner, stationed in London, to represent India in the United Kingdom.
THE GOVERNMENT OF INDIA ACT 1935
The National Congress of India rejected and condemned the 1919 Act for not going far enough to provide autonomy, therefore this Act was passed in retaliation. The following were its key phrases:
- Abolition of the dual system of government, or diarchy, and increased power for the provinces
- The Federation of India was established, however it was never effective due to its failure.
- A shift to direct voting was made, increasing the number of eligible voters from 5 million to 37 million.
- The provincial assembly was expanded to include more elected Indian MPs, enabling them to form majorities and be chosen to form governments.
- Building of a federal court
- In 1946, the British decided to contemplate giving India its own independence. The British cabinet dispatched a mission. As a result, a British cabinet mission was sent to India to
(1) hold discussions with the representatives of British India and the Indian States to reach a consensus upon which a constitution should be established
(2) Create an executive council and a constituent body. The provincial legislatures unintentionally chose a Constituent Assembly after this trip and the subsequent talks, which included 278 representatives and 15 women. The parties represented in the CA included the majority-holding Congress Party, Muslim League, Scheduled Caste Federation, Indian Communist Party, and Union Party. The draft constitution was approved by November 1949 after the first CA conference, which took place in December 1946. When the constitution took effect, the CA was transformed into a Provisional Parliament.
The still-in-use Constitution has undergone more than 90 changes, making it one of the most frequently modified constitutions in the world. It is also recognized as one of the longest and most detailed in the world with 395 articles and 10 schedule appendices. The following are its primary traits, which are highly influenced by Western legal and constitutional practice:
- The establishment of a federal system with some remaining power for the federal government,
- a list of fundamental rights, and
- a Westminster-style parliamentary system of governance.
CONSTITUTIONAL LAW’S REACH
Constitutional law covers the operation and power of the state’s institutions as well as relations between citizens and the government. Because a constitution is a sentient, evolving organism that at any given time will represent the political and ethical values of the people it regulates, the law of the constitution must thus be understood within the sociopolitical context in which it operates.
FUNCTIONS OF THE CONSTITUTION
It is able to establish and declare the limits of the political community. The political community will define territorial and personal boundaries according to the state’s boundaries as well as any claims to additional territory or extraterritorial rights. The distinction between individuals who are a part of the polity and those who are not is therefore commonly made in a constitution.
- A society’s fundamental laws permit a minimal level of collaboration among its members. The Constitution establishes these regulations.
- It outlines the fundamental principles by which a state is created or run.
- It establishes the basic lines of authority in society and gives the lawmakers some latitude.
- It shows who in a society is in charge of making decisions. It establishes the makeup of the government.
- The constitution also grants the government the authority to uphold the ideals of justice, liberty, and fraternity and to realize societal aspirations. It also limits the demands that a government can make on its citizens.
- The government is not permitted to violate these rules because they are necessary. For instance, none of the fundamental rights that the citizens of the country are promised may be violated by the government.
- The United States of America’s Constitution was the first well-known example of a constitution. Its “brevity, restraint, and simplicity” are complimented in this excellent document. The US Constitution served as a major source of inspiration for the drafters of the Indian Constitution in many aspects, but the British-created 1935 Government of India Act served as the basis for and significantly altered a large chunk of the Indian Constitution. Afterwards, the successes and lessons learned from a variety of other constitutions, including those of Russia, Japan, Canada, etc., were embraced and a part of the Indian constitution. Because of this, the Indian Constitution is the result of extensive imitation and adaptation rather than being the creation of originality.
ADMINISTRATIVE LAW
Administrative law is the name given to the legislation that regulates administrative actions. Administrative law, according to Ivor Jennings, is referred to as such. It establishes the composition, scope, and duties of administrative authorities. It encompasses the responsibilities of government entities under the law, the ability of normal courts to supervise administrative bodies, the power of administrative bodies to make rules, and the quasi-judicial role of administrative agencies. It oversees the executive branch and guarantees that it interacts fairly with the general population.
Administrative law is within the umbrella of public law. It goes through how people communicate with the government. It establishes the organizational framework and authority structure for the administrative and quasi-judicial institutions responsible for upholding the law. The main focus is on official activities and procedures, and it develops a control structure by which administrative institutions keep their bounds.
But administrative law is not a codified statute. A judge established the law, and it evolved over time. Government in ancient India was centralized under the Mauryans and Guptas. Administrative law in India underwent some changes as a result of the British presence. There were rules governing administrative acts in British India.
After gaining independence, India made the decision to create a welfare state, which expanded the reach of government activities. Along with the growth of governmental and administrative operations and authority, the need for “Rule of Law” and “Judicial Review of State Actions” also grew. The rules, regulations, and orders of administrative authorities that were later shown to be outside the scope of their legislative power were to be regarded as ultra-vires, unconstitutional, unlawful, and invalid.
REASON FOR GROWTH OF ADMINISTRATIVE LAW
- THE IDEA OF WELFARE STATE
More control of those activities was required as government operations increased as the United States evolved from a laissez-faire to a welfare state. This branch of law developed as a result.
- INADEQUACY OF LEGISLATIVE MEASURES
The legislature’s finite time cannot be used to solve the ongoing, constantly evolving needs of society. Even if it does, the protracted and difficult legislative procedure would render the rule ineffective because the needs would have changed by the time it was put into force.
As a result, the government has the power to enact laws and use its judgment. So, once powers are conferred, it becomes vital to govern them.
- INEFFICIENCY OF JUDICIARY
The court’s decision-making procedure is incredibly formal, expensive, sluggish, and convoluted. Additionally, due to the enormous volume of cases that are already planned, it is impossible to swiftly dispose of suites. As a result, there was a demand for tribunals.
- SCOPE FOR EXPERIMENT
It is not required to keep a rule in effect until the start of the next legislative session, unlike the legislature. However, in the administrative process, a rule can be created, tested for a while, and if it is proven to be flawed, it can be changed or updated within a short amount of time, which is unquestionably a characteristic of relative flexibility.
EVOLUTION OF ADMINISTRATIVE LAW
The Law Commission specifically highlights the following in its XIVth Report as to the causes of the exponential growth of administrative law and its necessity in the present situation:
“Government functions have grown and society in the 20th century has become extremely complex. The scope and nature of government have changed from a laissez-faire to a public service state, which has resulted in a concentration of significant power in the hands of the executive arm of government.
The Interaction between citizens and administrative bodies has increased as a result of societal changes because, whether then or now, these interactions have led to new procedures, inventions, and methods for addressing issues of every kind and for ensuring the greatest possible welfare of people.
The need to empower administrative agencies was overtaken by interactions, thanks to:
- They have the discretionary power,
- unlike the legislature or the court, to quickly change or revise inappropriate or irrelevant rules in order to handle the issues on their own,
- They have a wide range of responsibilities (they establish policies, lead and support the legislature, carry out and enforce the legislation),
- In addition to performing their conventional duties, administrative agencies were required to exercise their legislative authority and issue a wide range of regulations, bye-laws, and orders.
RELATIONSHIP BETWEEN ADMINISTRATIVE LAW AND CONSTITUTIONAL LAW
Administrative law and constitutional law are closely related to one another. Both laws are parallel to one another, which means that if one of the two laws is absent, the other cannot stand on its own. They are interconnected. Because of this, we can say that while constitutional law deals with the fundamental principles relating to the organization and powers of different state organs and the relationship between these organs and the people, administrative law deals with the structures, rights, duties, and responsibilities of administrative authorities.
Because administrative law occasionally expands into the territory of constitutional law, we might conclude that the link between administrative law and constitutional law is not very tight. But a comprehensive understanding of the connections between the two is crucial for jurists, academics, and law students. It is true that both constitutional law and administrative law are components of public law, indicating that the former is the mother of the latter and that, as a result, they cannot be distinguished from the latter.
Arbitrary behavior is constrained in constitutional law to reasonable administrative law rules and principles of justice. While constitutional law deals with general principles relating to the organization and powers of different state organs as well as the relationship of these organs with the general public, administrative law deals with those organizations, powers, and functions that indicate the responsibilities of administrative authorities. It is true that both administrative law and constitutional law play vital roles in regulating the diverse concerns of every State. To early English jurists, there was virtually no difference between the two[2].Based on their ideas and understanding, a variety of authors and academics attempt to express their opinions on how administrative law and constitutional law relate to one another. We’ll use the following examples as a guide:
- Keith claims that it is illogical to distinguish between administrative and constitutional law, and all attempts to do so appear to be manufactured. Some lawyers, like Felix Frankfurter, went a step farther and referred to this exercise as such, but they viewed the outcome as illegitimate and bizarre. Ser edits your sentences, making it easy for you to instantly rethink and reword your text.
- According to Holland, constitutional law describes the various organs of the government and on the other hand, administrative law describes it in motion. And as a result, the executive and legislative structure come under the purview of constitutional law while their working is indicated as it governed by administrative law. [3]
These days, administrative law is regarded as a distinct and independent area of the law. It would not be incorrect to state that when two circles are drawn side by side, a portion of each circle will be in common. In administrative law, this portion is referred to as the watershed.
THE GENUS – SPECIES RELATIONSHIP
According to a genus-species link, administrative law has been defined as the body of law that relates to administration and aids in identifying the structure, scope, and responsibilities of administrative authorities. The distinction between administrative law and constitutional law is not made in this definition of the laws. This definition is also quite broad since it demonstrates how the legislation that establishes the authority of administrative authorities also governs the actual exercise of those powers.
It also deals with issues that go outside the purview of administrative law, like public health, housing, and national planning, among others. However, administrative law deals with these issues in the same way that the Constitution has incorporated these laws for the benefit of the State. Prof. Sathe asserts that because administrative law is a component of constitutional law, all of its issues are constitutional law issues as well.
THE DOCTRINE OF WATERSHEDS IN ADMINISTRATIVE LAW
This watershed idea is crucial because it provides a foundation for establishing precise boundaries for the effective application of both laws. It establishes the connection between the two definitions of law made by numerous authors, including Locke, Holland, and many others. These authors’ definitions make it very evident that these laws are tied to one another.
Due to several rules that have a direct impact on the management and regulation of administrative authorities, the link between administrative law and constitutional law is extremely important in India. Article 32 gives people the right to petition the Supreme Court to have their fundamental rights upheld, while Article 136 gives them special leave to appeal to overturn administrative decisions. By virtue of Article 226’s authority to issue writs to protect people’s rights and maintain proper operation, high courts have a great influence over administrative bodies. While other clauses give high courts supervision over lower courts and create administrative organizations to oversee particular fields, Article 300 concerns property rights. These clauses emphasize the relationship between constitutional law and administrative law, whereby constitutional rights and principles serve as the cornerstone of administrative acts.
EXPANSION
We can see that they still occasionally overlap, but they cannot be entirely separated from one another because it is believed that Administrative law developed from Constitutional law. However, this law is required in order to restrain the arbitrary actions of the government and safeguard the rights of both individuals and the general public. Every area of law contains elements of it, therefore we cannot in any way dismiss them.
SIMILARITIES BETWEEN ADMINISTRATIVE LAW AND CONSTITUTIONAL LAW
- Both administrative and constitutional law are deal with public matter.
- Both administrative law and constitutional law are concerned with Human rights issue.
- Both branch of law relies on statues and case law for their principles and operations.
- The enforcement of principles in both administrative and constitutional law lies in the hands of same institutions.[4]
CASE LAWS :
“Suk Das v. Union Territory of Arunachal Pradesh”
The honorable court concluded that there is a rational connection between administrative law and constitutional law since administrative law serves to uphold the sanctity of the values, obligations, rights, and other provisions established by constitutional law. But it is essential to draw a distinction between the two laws in order to meet the concept of jurisdiction.
“ S.R. Bommai v. Union of India”
A judicial review may be requested of the declaration of an emergency under Article 356 as a result of a constitutional system failure. The court made it clear that :
Administrative law is a subordinate branch of law to the Constitution, which is the ultimate law of the land. Since the latter is its specie, the former is its genus. The latter, however, deals with the operation of the state and the many tasks that are to be carried out by it. Constitutional law reflects provisions with regard to all laws and their relationships with the state and the citizen. To control and prevent the arbitrary activity of administrative authorities and to defend the rights of an individual and, by extension, the public at large, independent discipline is therefore necessary.
CONCLUSION
The article comes to the conclusion that there is a connection between administrative law and constitutional law through the use of watersheds. Constitutional law is the main source of administrative law, which also restricts legislative power and upholds citizen rights. The Constitution cannot exist independently because administrative law is so embedded in it. Therefore, it is undeniable that constitutional law is crucial in creating standards, laws, and principles as well as contributing to the expansion of the application of administrative law. However, there are situations when the overlap between constitutional law and administrative law is very significant. Both statutes currently in force are distinct ones, however they share a concept in administrative law known as the watershed area.
REFERENCES
[1] B.R. Ambedkar
[2]Felix Frankfurter, The task of administrative Law, 75 U. PA. L. REV. 614, 616 ( 1927 )
[3] Williams David, Law and Administrative Discretions, 2 Ind. J. Global Legal Stud. 191, p. 192 ( 1994 )
