COMPARATIVE STUDY OF

DEVELOPMENT OF
ADMINISTRATIVE LAW IN INDIA
AND SAIMA
Presented by:- Anushka and Saima
Roll no:- 2K21LWUN01009
2K21LWUN01037
  India is a democratic republic that has a very well developed
Introduction administrative structure where as Bhutan is a country that has
recently converted into a democratic monarchy with an
administrative structure of its own.
  First bilateral relation Bhutan was established was in 1910 when it signed a
treaty with the British Empire, allowing it to ‘guide’ its foreign affairs and
defence.
 When India became independent in 1947, Bhutan was one of the first to
recognise it.
 Bhutan and India signed a Treaty of Friendship on August 8, 1949.
History of  The unique and historically close relationship between Bhutan and India has
India Bhutan many key features e.g.:-
1. Historical ties
relation 2. Treaty of friendship
3. Security Cooperation
4. Economic Assistance
5. Cultural and educational ties
Etc.
  During the ancient time the administrative structure of
our country was based on a hierarchy of rulers and
officials who governed the people.
History of  During the medieval time India was ruled by different
rulers of different dynasties, Mughal, Rajput etc. These
administrative dynasties use to have their own administrative structure
structure of that was based on the social and cultural pattern of their
time.
India  During 1757-1947 the British era saw a transformation in
the administrative system of India. They derived a
centralized administrative structure that was for their
benefit and used to serve their own interest.
 After India gained independence the administrative structure saw new
changes. The Indian Administrative system was created too succussed
the British era Indian Civil Services. The IAS is responsible for the
administration of the country's various government departments and
plays a key role in the formulation and implementation of government
policies.
 Over the yeas many changes have been brought to the administrative
structure but its basis has always been based on the principle of of good
governance, accountability, and transparency remain at the core of the
system.
 1.Ancient Bhutan: Bhutan's early history saw a decentralized system of
governance with various local rulers, governing different regions.
History of 2.17th Century: In the 17th century, a Tibetan Buddhist lama, unified
Administrative Bhutan and established a dual system of government. He introduced
the concept of districts and appointed regional governors.
structure of 3.1907: The Wang chuck dynasty came into power with the first king,
Bhutan Ugyen Wang chuck. This marked the beginning of the hereditary
monarchy in Bhutan.
4. 1953: Bhutan started modernizing its administrative structure under the
leadership of King Jigme Dorji Wang chuck (3rd King). He introduced
reforms, including the establishment of a National Assembly and a
Council of Ministers.
5. 1998: King Jigme Singye Wang chuck (4th king) introduced a new
constitution, shifting from an absolute monarchy to a constitutional
monarchy. This paved the way for the establishment of a parliamentary
democracy.
6. 2008: Bhutan adopted a democratic system with the first-ever general
elections. The country transitioned from a two-party system to a multi-
party democracy.
  Type of Government: - India is a democratic Republic
with a parliamentary form of government. Bhutan is a
democratic constitutional monarchy with a Parliamentary
democracy.
Constitutional
 Head of the State: - In India the head of the state is the
and other President who is elected by the Electoral college.
differences Whereas, in Bhutan it is the king who is the head of the
state who is a hereditary monarch.
 Retirement of President: - In Bhutan the retirement age
of President is set for 65 years.
  The President: - The President is the head of the state and is the
supreme commander of the armed forces.
 The Prime Minister: - The Prime Minister is the head of the
government and the leader of the ruling party. He is appointed by the
President and is responsible for the overall functioning of the
government.
 The council of Minister: - - The Council of Minister is appointed by the
Administrative President on the advice of the Prime Minister. It consists of cabinet
ministers, ministers of state, and deputy ministers who are responsible
structure of for the administration of various government departments.

India  The Indian Administrative service: - This administrative service in India

and is responsible for the administration of the country's various
government departments.
 State Government: - India has a federal system of government, and the
country is divided into 28 states and 8 union territories. Each state has its
own government headed by a Chief Minister who is responsible for the
administration of the state.
 District Government: - Each state is further divided into districts,
and each district is headed by a District Collector who is responsible
for the administration of the district.
 Local Government: - : Local governance in India is carried out by
elected representatives at the village, town, and city levels. The local
government bodies are responsible for the administration of their
respective areas
The three
organs of
Government
  The King: Bhutan is a constitutional monarchy, and the
King of Bhutan is the head of state.
 The Parliament: Bhutan has a bicameral parliament
known as the Bhutanese Parliament. It consists of two
houses: the National Assembly and the National
Administrative Council. Members of the National Assembly are elected
structure of by the people, while members of the National Council
are elected by local government representatives.
Bhutan  The Executive: The executive branch is headed by the
Prime Minister. The Prime Minister is the leader of the
political party that has the most seats in the National
Assembly.
 Local Government: Bhutan is divided into 20 districts, and each
district is further divided into sub-district. Local government is
represented by district and sub district.
 The Judiciary: Bhutan's judiciary is independent and is responsible
for interpreting and upholding the laws of the country. The highest
court is the Supreme Court of Bhutan.
  Statutory law refers to laws that are created by legislative bodies. In
India, statutory law is primarily based on British common law and
has been heavily influenced by the Indian Constitution. In Bhutan,
statutory law is based on traditional Bhutanese law and has been
heavily influenced by Buddhist principles.

Statutory  The differences in statutory law between India and Bhutan can have
a significant impact on administrative law in each country. For
Differences example, in India, the Right to Information Act gives citizens the
right to access information held by public authorities, while in
Bhutan, there is no equivalent law. This means that citizens in
Bhutan may have less access to information about government
decisions and actions.
  India has made significant progress in the field of administrative law
in recent years. One of the most notable developments is the
introduction of the Right to Information Act in 2005, which has
increased transparency and accountability in government decision-
making. Another important reform is the establishment of the
National Green Tribunal in 2010, which has been instrumental in
enforcing environmental laws and regulations.

Progress of  Additionally, the Indian judiciary has played a crucial role in

India promoting administrative justice. The Supreme Court has issued
several landmark judgments that have strengthened the rights of
citizens and restricted the powers of the government. For example, in
the famous Vishakha case, the Supreme Court laid down guidelines
for preventing sexual harassment in the workplace, which have since
been incorporated into law.
  Bhutan has made significant progress in the field of
administrative law in recent years. The country has
implemented a number of reforms aimed at improving the
legal system and ensuring that citizens are protected by the rule
of law.

 One of the key developments in Bhutan's administrative law

Progress of system is the establishment of the Royal Court of Justice. This
court is responsible for adjudicating disputes between citizens
Bhutan and the government, and has been instrumental in promoting
transparency and accountability in the legal system.
Additionally, Bhutan has enacted legislation aimed at
protecting the rights of citizens, including the Right to
Information Act and the Anti-Corruption Act.
  India and Bhutan have made significant progress in the field of
administrative law over the years. India has a well-established legal
system with a complex network of administrative bodies, while
Bhutan's legal system is relatively new and still developing. However,
both countries face unique challenges in implementing and enforcing
administrative law.
Comparison of  One strength of India's legal system is its extensive judiciary system,
the progress which allows for a wide range of legal challenges to government
actions. On the other hand, Bhutan's legal system benefits from its
small size and close-knit communities, which allow for more
personalized and effective enforcement of laws. However, both
countries struggle with corruption and lack of transparency in
government processes, which can hinder the effectiveness of
administrative law.
  The judiciary plays a crucial role in administrative law. It is responsible for
interpreting and enforcing the laws and regulations created by the legislative
and executive branches of government. In India, the judiciary has been
instrumental in shaping the legal system and ensuring that administrative
actions are fair and just. The Supreme Court of India has issued several
landmark judgments that have had a significant impact on administrative law.
For example, in the case of Maneka Gandhi v. Union of India, the Supreme
Court held that the right to travel abroad was a fundamental right under the
Indian Constitution. This decision expanded the scope of individual rights
and provided greater protection against arbitrary state action.
Role of
Judiciary  Similarly, in Bhutan, the judiciary has played an important role in shaping
the legal system. The High Court of Bhutan has issued several important
judgments that have clarified the scope of administrative law and ensured that
government actions are in compliance with the law. For example, in the case
of Sonam Tobgay v. Royal Government of Bhutan, the High Court held that
the government could not revoke the citizenship of an individual without due
process of law. This decision reaffirmed the importance of individual rights
and provided greater protection against government overreach.
  The executive branch of government plays a crucial role in
administrative law. In India, the executive is responsible for
implementing and enforcing laws and regulations passed by the
legislative branch. The executive also has the power to create rules
and regulations through delegated legislation, which can have a
significant impact on citizens and businesses. In Bhutan, the
executive is similarly responsible for implementing and enforcing
Role of laws, but there is less emphasis on delegated legislation.

Executive  The actions of the executive in both countries can have a significant
impact on the legal system. For example, if the executive fails to
enforce a particular law or regulation, it may become ineffective or
irrelevant. On the other hand, if the executive oversteps its authority
or abuses its power, it can undermine the rule of law and erode
public trust in the government. It is therefore important to carefully
consider the role of the executive in administrative law and ensure
that it operates within appropriate boundaries.
  The legislative branch of government plays a crucial role in the
development and implementation of administrative law in India and
Bhutan. In India, the legislative branch is responsible for enacting
laws and regulations that govern administrative agencies, while in
Bhutan, the legislative branch has a more limited role in overseeing
administrative activities.
Role of  Despite these differences, both countries have experienced
Legislative challenges in ensuring that the legislative branch effectively regulates
administrative activities. In India, there have been concerns about the
lack of accountability and transparency in the legislative process,
which has led to the passage of laws that are poorly designed or
implemented. In Bhutan, the limited role of the legislative branch
has made it difficult to ensure that administrative agencies are held
accountable for their actions.
  As we look to the future of administrative law in India and Bhutan,
there are several potential developments and reforms that could
improve the legal system in each country. One area of focus could be
increasing transparency and accountability in government decision-
making processes. This could involve implementing systems for
public consultation and feedback, as well as creating independent
Futuristic oversight bodies to review and monitor government actions.
View  Another potential reform could be strengthening the role of the
judiciary in administrative law. This could involve providing more
resources and training to judges, as well as creating specialized
tribunals to handle administrative law cases. Additionally, there may
be opportunities to harmonize administrative law across different
levels of government, such as at the state or local level.
  Overall, while there are similarities between
administrative law in India and Bhutan, there are also
significant differences that impact the legal system in each
country. India has made significant progress in recent
years, with reforms aimed at increasing transparency and
Conclusion accountability. Bhutan, on the other hand, faces unique
challenges due to its small size and limited resources.
Moving forward, both countries have potential for future
reforms that could improve their respective legal systems
and better serve their citizens.
 Thank You