Relationship between Constitutional Law and Administrative Law

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2 years ago

This article is written by Anupriya Chatterjee, an intern under Legal Vidhiya

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[1] … constitution is considered to be a living document why is that? Any law or act that conflicts with the Constitution are declared invalid. It begs the question of how the Constitution came to be so strong and what makes it the supreme document that supersedes all else.

The legislation that controls administrative actions is known as administrative law. Ivor Jennings claims that administrative law is known as administrative law. It establishes the structure, authority, and responsibilities of administrative authorities. It covers the legal obligations of public authorities, the authority of regular courts to oversee administrative authorities, the rule-making authority of administrative bodies, and the quasi-judicial function of administrative agencies. It controls the executive branch and makes sure that it deals fairly with the public.

This article will examine different terms, factors, and values of these laws and how they are interrelated and different from each other.

Brief about constitutional law in India

The French word “constitution” designates the body of fundamental laws and guidelines that guide the operations of a nation-state or any other type of organization. A state’s constitution must meet higher requirements of legitimacy and integrity because it is the ultimate law of the land. It identifies the paths for a state’s development while outlining the fundamental values, organizational framework, and procedural requirements of the state.

The interpretation and application of the Constitution and its guiding principles are concerns of constitutional law. It serves as the foundation for people’s access to certain fundamental rights, including the rights to life, privacy, freedom of movement, and the right to vote. It outlines the formal requirements that must be satisfied before a governing body can interfere with a person’s rights, liberty, or property. Constitutional law also addresses issues like judicial review, fundamental obligations, and legislative authority, among other things. The Supreme Court of India has been instrumental in interpreting the Constitution and the language employed within, and as a result, has made significant contributions to the study of constitutional law. This contribution begins with defining the term “Constitution,” as well as its range, character, and roles in a state. The contribution also evaluates the preamble, fundamental rights, and obligations of the Indian constitution. The article also examines the DPSP from the standpoint of socialist, Gandhian, and other ideals, and it finishes with a study of the constitution of India’s design and structure.

History of Constitution of India

The basic law of India was primarily contained in a number of legislation passed by the British Parliament prior to the constituent assembly that met in 1948 to draught the Indian constitution that was accepted in 1950 and is still in effect today. The Government of India Acts of 1919 and 1935 were crucial among them.

The Government of India Act of 1919

The main goal of this legislation, which was passed as a token of appreciation for India’s contribution to World War One, was to increase native participation in politics. The dual structure of government with restricted authority for the main provinces was one of the Act’s most important improvements. A bicameral legislature for all of India replaced the imperial legislative council. The Act also created the position of High Commissioner to represent India in the United Kingdom, based in London.

The Government of India 1935

The 1919 Act was opposed and criticized by the National Congress of India for not doing enough to offer autonomy, therefore this Act was passed in response. Its main clauses were as follows:

elimination of the dual system of governance, or diarchy, and providing the provinces more power
creation of the Federation of India, which, despite its failure, never took effect
Direct voting was implemented, and the franchise was expanded from 5 million to 37 million people.
More elected Indian representatives were added to the provincial assembly, giving them the ability to create majorities and be selected to form administrations.
construction of a federal court
The British made the decision to consider giving India its own independence in 1946. A British cabinet mission was sent to India as a result to

(1) have talks with the representatives of British India and the Indian States to come to an understanding on the basis of which a constitution should be written, and

(2) establish a constituent body and an executive council. Following this trip and the subsequent negotiations, a Constituent Assembly with 278 representatives and 15 women was inadvertently chosen by the provincial legislatures. The majority-holding Congress Party, Muslim League, Scheduled Caste Federation, Indian Communist Party, and Union Party were the parties represented in the CA. The first CA meeting took place in December 1946, and the draught constitution was ratified by November 1949. The CA became a Provisional Parliament when the constitution came into force in January 1950.

One of the most often revised constitutions in the world, the still-in-use Constitution has undergone over 90 amendments. With 395 articles and 10 schedule appendices, it is also regarded as one of the longest and most comprehensive in the world. Its main characteristics, which are heavily based on Western legal and constitutional practice, are as follows:

the creation of a federal system with a residual amount of authority for the federal government
a list of the basic rights
a parliamentary system of government in the Westminster style.

Scope of constitutional law

The function and authority of the institutions within the state as well as the interactions between citizens and the state come under the scope of constitutional law. The law of the constitution must thus be understood within the sociopolitical atmosphere in which it functions, since a constitution is a sentient, evolving organism that, at any given time, will symbolize the political and ethical ideals of the individuals it regulates.

The function of the Constitution

It has the power to declare and specify the borders of the political community. The geographical limits of the state, as well as any claims to additional territory or extraterritorial rights, will be included in the political community’s definition of territorial and personal boundaries, respectively. A constitution therefore frequently distinguishes between people who are a part of the polity and those who are not.

1. A society’s basic rules allow for a minimum amount of cooperation between its members. These rules are provided by the Constitution.

2. It also establishes the essential tenets by which a state is established or managed.

3. It outlines the fundamental division of authority in society and grants the legislators some discretionary authority.

4. It identifies who in a society has the authority to make decisions. It determines the composition of the government.

5. Additionally, the constitution gives the government the power to carry out the principles of justice, liberty, and brotherhood and to fulfill the ambitions of society. It also places some restrictions on what a government can demand of its people.

6. These restrictions are essential, and the government is not allowed to cross them. For instance, the government is not allowed to infringe on any of the fundamental rights that the nation’s residents are guaranteed.

7. The Constitution of the United States of America was the first famous example of a constitution. It is praised for its “brevity, restraint, and simplicity” in this outstanding document. The framers of the Indian Constitution took inspiration from the US Constitution in many ways, but a significant portion of the Indian Constitution was drawn from and modified by the 1935 Government of India Act, which was created by the British. The experience and positive aspects of numerous other constitutions, like those of Russia, Japan, Canada, etc., were then adopted and incorporated into India’s constitution. Because of this, rather than being the product of originality, the Indian Constitution is the outcome of extensive imitation and adaptation.

Fundamental rights

These rights are mentioned in articles 12-35 of the constitution

Right to equality
Article 14 – Equal protection of laws and Equality before the law.
Article 15 – Prohibition of discrimination on grounds of religion, caste, sex, place of birth, or race.
Article 16 – Equality of opportunity in terms of public employment.
Article 17 – Abolition of untouchability and prohibition of its practice.
Article 18 – Abolition of titles except military and academic.
Right to freedom

Article 19 – Protection of six rights regarding freedom of:

(i) speech and expression,

(ii) assembly,

(iii) association,

(iv) movement,

(v) residence, and

(vi) profession

(b) Article 20 – Protection in a conviction for offences.

(d)Article 21A – Right to elementary education.

(e) Article 22 – Protection against arrest and detention in certain cases.

Administrative law

A category of public law is administrative law. It discusses how people interact with the government. It establishes the administrative and quasi-judicial authorities’ organisational framework and power structure in order to enforce the law. It establishes a control system by which administrative agencies maintain their boundaries and is primarily concerned with official actions and processes.

Administrative law, however, is not a codified law. The law was created by a judge and developed through time.

Ancient India’s Mauryans and Guptas possessed a centralized governmental structure. The introduction of the British caused certain modifications in administrative law in India. In British India, laws governing administrative actions were passed.

Following independence, India decided to establish a welfare state, which subsequently enlarged the scope of state operations. The necessity for “Rule of Law” and “Judicial Review of State Actions” expanded along with the activities and powers of the government and administrative bodies.

From this point forward, administrative authorities’ rules, regulations, and orders that were proven to be beyond their legislative authority were to be deemed ultra-vires, unconstitutional, illegal, and invalid.

The welfare state idea

Government activities expanded as the States transitioned from being a laissez-faire to a welfare state, necessitating more regulation of those activities. Consequently, this area of law evolved.

Inadequacy of legislative measures

The daily, ever-changing requirements of society cannot be addressed by the legislature in its limited time. Even if it does, the drawn-out and laborious legislative process would make the regulation useless because the needs would have changed by the time it was put into effect.

As a result, the administration has the authority to pass laws and exercise its discretion. Therefore, it becomes necessary to regulate powers after they are granted.

The judiciary’s inefficiency

The court process for making decisions is extremely slow, expensive, complex, and formal. Furthermore, it is impossible to quickly dispose of suites due to the overwhelming number of cases that are already scheduled. There was a demand for tribunals as a result.

scope of the investigation

Administrative law can be modified to meet the needs of the State apparatus because it is not a codified law. It is hence more adaptable. The strict legislative processes do not need to be followed repeatedly.

Administrative laws in India
Delegated legislation
Parliamentary control
Judicial control
Administrative adjudication-tribunals

It is quite difficult to understand how constitutional law and administrative law relate to one another. Constitutional law is the foundation of administrative law. The aspirations of the people were entrenched in numerous Articles of our supreme constitution, which is a legal document and a foundation for the effective operation of the administrative settlement of administrative authorities, at the time of our independence in 1947. In nations like India, which has a codified constitution of its own, the constitutional law further regulates administrative acts by placing restrictions on the administrative body’s functions. Therefore, it is impossible to totally separate administrative law from constitutional law in a society with a written constitution and judicial scrutiny.

It is crucial for lawyers, academics, and law students to develop a proper understanding of how administrative law and constitutional law relate to one another because their relationship is not always completely watertight and occasionally administrative law encroaches on constitutional law’s domain. The fact that both constitutional law and administrative law are components of public law demonstrates that constitutional law is the origin of administrative law and that the two disciplines are inextricably linked.

Arbitrary action is constrained by the fairness, reasonableness, and justice standards and principles of administrative law. Constitutional law, on the other hand, deals with general principles relating to the organisation and powers of various organs of the state and the relationships between these organs and the people. Administrative law deals with the organisations, powers, functions, and duties of administrative authorities. While administrative law portrays the various governmental bodies in motion, the constitution describes them as they are at rest. One can point out that although administrative law focuses on societal needs, constitutional law deals with rights.

Drawing a boundary between these two laws is necessary in order to specify the area where each law’s jurisdiction is to be exercised.

Reason

The necessity for and different factors supporting the expansion of administrative law. The legislature creates administrative law as a separate legal discipline because as time and circumstances change, so do the demands of the people and the state. Administrative law regulates legislative authority’s arbitrary behaviour, which is crucial for safeguarding the rights and obligations of the general public.

With time, the government’s role is evolving as well. Governments in emerging nations like India play a bigger role since they function as providers rather than as facilitators and regulators. The public has very high expectations of the government today. As a result, the government’s responsibility extends beyond just defending its citizens from external aggression and internal unrest to providing for each individual’s needs from conception until natural death. As a result, the rise and development of administrative formed the foundation of contemporary political philosophy. Because of this and the demands and needs of the people and the state, there is a great need to distinguish between administrative law and constitutional law. However, despite this, administrative law and constitutional law cannot be entirely distinguished from one another because they overlap in some places, which are known as “water shades” in administrative law. It comprises a number of constitutional law provisions and mechanisms, demonstrating that constitutional law is the mother of administrative law and that a kid cannot be fully separated from his mother. In the modern world, government is not required to simply outline individual rights; rather, it is required to address public problems. Instead of defining rights that are clearly spelt out in the Indian constitution, the government must step up and take proactive measures to protect the weaker members of society. In light of these requirements, administrative law and procedure must develop.

Growth

To meet the requirements and desires of the people and the state, administrative law was created. As a result, constitutional law and administrative law are distinct from one another. Despite this, because Administrative law has its roots in Constitutional law and cannot be totally detached from it, they nonetheless occasionally intersect. This law is required in order to regulate the arbitrary actions of administrative authorities and safeguard the rights of both individuals and the general public. Every area of law contains some aspect of it, thus it cannot be disregarded.

Landmark judgments of constitutional and administrative law

[2]Rai Sahib Ram Jawaya Kapur And Ors. vs The State Of Punjab on 12 April, 1955

Facts

The petitioner in this case, together with five others, was operating under the name “Uttar Chand Kapur and Sons” in the State of Punjab, creating, printing, and publishing textbooks for various school levels classes, particularly the elementary and secondary level books. It is done legally and in accordance with their freedom to operate their own business and trade. According to reports, the Education Department of the Punjab State Government had developed a policy for nationalising the trade, publishing, and printing of textbooks, and it had informed businesspeople of this through various notifications. Knowing this, the petitioners filed a petition under Article 32 of the Indian Constitution alleging that the act of nationalising publications and printing of books would interfere with their right to freedom of trade and business under Article 19(1)(g) of the constitution and had practically driven them out of this business. It was argued that because there was no sufficient legislative support for such a policy, such a restriction had been placed on them, and the policy was therefore unlawful and unconstitutional simply because the notifications did not meet the requirements of Article 19(6). In order to allow the state government to disable the aforementioned notifications, they asked the court to issue a writ of mandamus.

Issues

Does the aforementioned notification infringe the petitioners’ fundamental rights as stated in Article 19(1)(g) of the Indian Constitution?

Whether or not legislative support is needed for the intended use and compliance with article 19(6)?

Court held that

Regarding the first issue, which concerned whether the petitioners’ fundamental rights had been violated by the state government through the act, the court rejected the petitioners’ claim that their rights had been violated in breach of article 19(1)(g). It was noted that when it comes to school books, the school should recommend the genre, and publishers have no authority to demand that their works be accepted as textbooks by students or the school. It was stated that while if a merchant is fortunate enough in the market, his goods would be secured, he or she may not claim that their fundamental right to have consumers has been violated if they lose a deal. Thus, it declared and upheld that there is no fundamental right in the current situation and that the scopes of such risks are incidental to every firm.

[3]State of Madras v. Amt. Champakam Dorairajan (1951)

The First Constitutional Amendment Act of 1951 added this subsection (4) as a result of the judgment. For example, based on class, religion, and race, the Madras Government has set aside spaces in State engineering and medical institutions for diverse communities. This was contested in court as a constitutional violation of Article 15 (1). The Supreme Court ruled that because the Act classifies students based on their castes, faiths, and other variables rather than their academic aptitude, it renders invalid seat reservations based on race, religion, and caste (caste reservation in India). To lessen the effects of the aforementioned SC ruling, Clause (4) was added to Article 15. According to this Article, the STATE is empowered to establish specific arrangements for the scheduled castes, scheduled tribes, and classes of citizens who are socially and educationally marginalized.

Conclusion

The “Watersheds” is the area where both laws intersect, according to the article’s conclusion. Although it is currently accepted that Administrative law and Constitutional law are two distinct legal disciplines, this is not the case. There are several constitutional articles and mechanisms that deal with administrative law, and some administrative law activities and acts are completely dependent on constitutional law. In this way, they are connected to one another and are unable to exist independently. To put it another way, watersheds serve as a link between the two laws. Due to the demands and necessities of the period and the environment, this new law was created. It regulates the arbitrary behavior of legislative power and defends citizen rights. This law comes from a number of sources, the Constitution being the primary one. As its roots are profoundly ingrained in the womb of the Constitution, administrative law cannot exist without the Constitution.

[1] BR Ambedkar

[2] https://indiankanoon.org/doc/1318432/

[3] https://blog.finology.in/Legal-news/top-1

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