HSNC University, Mumbai

D.M. Harish School of Law

Assignment for
Internal Continuous Assessment- 2024 -25

Subject: Administrative Law

Topic: Judicial Trends: Evolution of

Administrative Law Jurisprudence in
Indian Courts

Submitted by: Het Ashok Doshi

Program: LL.B.
Roll No.: DMSYLLB002
Semester: IV
Submitted to: Ms. Sakhshi Pandey

Signature of the Faculty

 Judicial Trends: Evolution of Administrative Law Jurisprudence in Indian Courts

TABLE OF CONTENTS

Sr. No. Topic Pg. No.

I. Introduction 3

II. Definitions of Administrative Law 4

III. Administrative Law Jurisprudence in Indian Courts 5

IV. Constitutionality of Rule-Making Action with Case Laws 6

V. Conclusion 8

VI. Reference 8

2
 I. Introduction
Administrative law as a concept is not new to India. In old times when Kings ruled over their
kingdoms, there existed administrative law not in the same name. There were ministries and officers
who managed public affairs for the welfare of the people. Actions such as collection of taxes,
maintenance of law and order, protection against eternal aggression, distribution of resources, etc.
fall under the purview of administrative actions.

Administrative law is the part of the law that deals with the composition of powers, duties, rights and
responsibilities of various government bodies. The growth of administrative law is due to the change
in the philosophy of the role and functioning of the state. The transition from a laissez faire state to a
welfare state led to a change in the role of the state.

Before 1947, when India was under the British rule, it was a police state. They came as traders and
when they saw that they could rule the Indian people they started doing so. In order for them to rule
our country effectively, they realized that they need to pass laws to regulate the functions to be
implemented. The British government passed various acts regulating public safety, health,
transportation, etc. The Stage Carriage Act, 18611; Northern Canal and Drainage Act, 1873 2; The
Defence of India Act, 19393 are some of the acts that the British passed. With the passing of these
acts, the administration work increased as the authorities were delegated to various departments,
officers and individuals. Even with these laws there was nothing done for the welfare of the people
as their primary interested was in profit ruling rather than welfare of the people.

All this changed with the advent of independence with the change in philosophy of what our state
should be. In the Indian constitution the preamble enumerates the great objectives and the
socioeconomic goals for the achievement of an era when the concept of social welfare state became
predominant. The state became involved in each and every aspect of an individual’s life, right from
birth to death. Our State transitioned from a police state to a social welfare state.

The Legislature enacted many Acts such as The Essential Commodities Act, 19554; The industrial
(Development and Regulation) Act, 1951 5; The Maternity Benefit Act, 1961 6; The Payment of Bonus
Act, 1965 and it still continues to enact laws for public welfare. The implementation/execution of
these law is done by ministries, departments, authorities which led to increasing the administrative
process. Thus, Administrative law evolved to control the administrative process.

Administrative Law applies to the Administrative authorities of the Executive, for e.g. The Central
Boards of Revenue Act, 19637 (Statute made by Legislature); Ministry of Finance within which
exists Department of Revenue, under which there is Central Board of Taxes which falls under the
purview of Administrative Law. 8

1
Act No. 16 of 1861
2
Act VIII of 1873
3
Act No. XXXV of 1939
4
Act No. 10 of 1955
5
Act No.65 of 1951
6
No. 53 of 1961
7
Act No. 54 of 1963
8
Introduction to Administrative Law, Legalfly
3
 II. Definitions of Administrative Law
Definition of Administrative law is not a universal one. As various theorists view it from different
perspectives, we have different definitions of this branch of law. Administrative law in India is not a
codified law. The Indian judiciary has played a major role in the evolution of Administrative law
through various judgments delivered. Thus, Administrative law is better known as a Judge Made
Law.

Let us now see how various theorists define Administrative law.

1) According to, Kenneth Culp Davis, administrative law is the law concerning the powers and
procedures of administrative agencies, including especially the law governing judicial review of
administrative action. 9 Administrative law is concerned with the organization, powers, and
procedures of administrative agencies, as well as the regulation of the executive branch of
government. It is a branch of public law that deals with the relationship between citizens and
government agencies.

2) According to Albert Venn Dicey, administrative law relates to that portion of a nation’s legal
system which determines the legal status and liabilities of all state officials, which defines the
rights and liabilities of private individuals in their dealing with public official and which
specifies the procedure by which rights and liabilities are enforced. 10
3) Ivor Jennings, administrative law is he law that relates to administration. It determines the
organization, power and duties of administrative authorities. 11

4) Jain and Jain, Administrative law deals with the structure, powers and. functions of the organs of
administration, the limits of their powers, the methods and procedures followed by them in
exercising their powers and functions, the methods by which their powers are controlled
including the legal remedies available to a person against them when his rights are infringed by
their operation. 12

9
ICSI, Jurisprudence, General Laws and Interpretation, Lesson No. 5- Administrative Law, Pg. 126
10
Ibid.
11
Ibid.
12
Introduction to Administrative Law, Legalfly, https://www.youtube.com/watch?v=fMqKrm9uUkg&t=1855s@30:17

4
 III. Administrative Law Jurisprudence In Indian Courts
Administrative law jurisprudence in Indian courts has evolved significantly over the years, with a
focus on ensuring accountability, transparency, and fairness in the actions of government bodies.
Some key developments in administrative law jurisprudence in Indian courts include:

1. The doctrine of separation of powers: Indian courts have recognized the importance of the
separation of powers between the executive, legislature, and judiciary. The judiciary has upheld this
principle to ensure that government bodies do not overstep their authority and violate the rights of
individuals.

2. Judicial review: Indian courts have empowered themselves to review the actions of administrative
bodies to ensure that they are acting within the limits of their authority and in accordance with law.
The courts have expanded the scope of judicial review to include not only procedural irregularities
but also substantive errors of law.

3. Natural justice: Indian courts have emphasized the importance of natural justice in administrative
decision-making. This includes principles such as the right to be heard, the right to a fair and
impartial decision-maker, and the right to reasons for a decision. Courts have held that
administrative bodies must follow these principles when making decisions that affect individuals.

4. Public interest litigation: Indian courts have used public interest litigation as a tool to hold
government bodies accountable for their actions. Through public interest litigation, the courts have
addressed issues such as corruption, environmental degradation, and human rights violations by
administrative bodies.

5. Administrative discretion: Indian courts have recognized that administrative bodies have a certain
degree of discretion in making decisions. However, courts have also held that this discretion must be
exercised reasonably, fairly, and in accordance with law. Courts have intervened when
administrative bodies have abused their discretion or acted arbitrarily.

Overall, the evolution of administrative law jurisprudence in Indian courts has been guided by the
principles of accountability, transparency, and fairness. The courts have played a crucial role in
ensuring that government bodies act in the public interest and uphold the rule of law.
13Administrative law is that law which governs Administrative actions. These Administrative actions
can be classified into 4. They are:-

1) Rule-making action or quasi-legislative action

2) Rule-decision action or quasi-judicial action

3) Rule-application action or administrative action

4) Ministerial action or pure administrative action

With this assignment, the Constitutional Validity/Constitutionality of the Rule-making action will be
examined to showcase evolution of the administrative law in Indian Courts.

13
I.P. Massey, Administrative Law, Pg. 47, EBC, 9th ed.
5
 IV. Constitutionality of Rule-Making Action
The constitutionality of delegated legislation refers to whether or not the process by which a
legislative body delegates its authority to another body or agency to create regulations or laws is in
accordance with the constitution. If delegated legislation is found to be unconstitutional, it may be
declared null and void by a court and have no legal effect.

Delegated legislation in India is allowed under Article 312 of the Indian Constitution, which allows
for the delegation of legislative power by the Parliament to subordinate authorities. It is used to
provide detailed regulations and rules that are necessary for the proper implementation of laws
passed by the Parliament.

However, the constitutionality of delegated legislation in India has been a topic of debate and
controversy. Critics argue that delegated legislation gives too much power to the executive and can
potentially bypass the will of the Parliament. They argue that delegated legislation should be limited
in scope and subject to greater oversight to prevent abuse of power.

On the other hand, proponents of delegated legislation argue that it is necessary for the effective
implementation of laws, as it allows for more flexibility and efficiency in the regulatory process.
They argue that delegated legislation is subject to parliamentary scrutiny and can be revoked or
amended by the Parliament if necessary.
In general, the Supreme Court of India has upheld the constitutionality of delegated legislation, but
has also emphasized the need for proper oversight and control to ensure that it is not abused. The
courts have set guidelines for the exercise of delegated legislation to ensure that it is consistent with
the principles of the Constitution and does not infringe on the rights of citizens.
14
The question of the permissible limits of the constitution within the law making power may be
delegated can be studied in 3 different eras:

1) When Privy Council was the highest court of appeal

a) In Queen v. Burah,15 only Conditional Legislation has been validated by the Privy Council and
therefore delegated legislation is not permitted as per its reasoning. The administration of civil
and criminal justice of a territory can be vested in the hands of those officers who were
appointed by the Lieutenant- Governor from time to time. In this case the legislature passed an
act to remove the Garo Hills from the system of law and courts and to which the administration
of justice therein in such officers as the Lieutenant Governor of Bengal might appoint. This act
authorised him to pass any law which might be in force in other territories under him. It was also
extended to any act to come in force on the day appointed by the Lieutenant Governor. The act
was held valid privy Council that legislature determined a change to take place which was left to
the discretion of the Lieutenant Governor. The legislature exercised judgement as to place,
person, laws on all these things conditionally.

The Privy Council has stated that it is better to take help from the subordinate agency in framing
the rules and regulations that are going to be the part of the law and giving another body the
essential legislative features that has only given to the Legislature through the Constitution. He
also stated about the essential legislative function that included in determining the legislation
policy.

14
I.P. Massey, Administrative Law, Pg. 91-94, EBC, 9th ed
15
ILR (1879) 4 Cal 172; (1878) LR 3 AC 889
6
 b) In King v. Benori Lal Sharma,16 Condition legislative was again applied by the Privy Council,
the same as in the case of Queen v.Burah. In this case the validity of the Emergency Ordinance
given by Governor- General of India was challenged inter alia. It was challenged on the ground
that he is taking the power of the Provincial Government. He was setting up special criminal
courts for particular kind of offences but for the settling of any court, power has been given only
to the Provincial Government. The judicial committee held that this is not delegated legislation.
Privy Council also held that it is an example of an uncommon legislative power by which the
local application of the provision of State determined by the local administrative body when it is
necessary.

2) When Federal Court became the highest court of appeal

a) In Jitendra Nath Gupta v. Province of Bihar,17 the Bihar Maintenance of Public Order Act
1948 was to remain in force for one year. However the power was conferred on the provincial
government to extend the operation of the Act for a further period of one year by a majority, of the
federal court held that the power to extend the operation of the act beyond the period of 1 year was
a legislative act and therefore, could not be delegated. However in a dissenting judgment
Fazal Ali J. upheld the provision as the extension of the Act, for a further period of 1 year could
not amount to its re-enactment. It nearly amounted to a continuance of the Act for which the
maximum period was contemplated by the legislature itself.

3) When Supreme Court became the high court of appeal

a) In Re: The Delhi Laws Act, 1912 In order to remove doubts regarding the validity of a number of laws
which contained such delegation a reference has been made by the President to the Supreme Court
to under A. 143 on the constitutionality of 3 Acts.

i) S. 7, The Delhi Laws Act, 1912

ii) S. 2, The Ajmer-Merwara (Extension of Laws) Act, 1947

iii) S. 2 of the Part C States (Laws) Act, 1950

The Supreme Court took the following view and the 7 opinions were based on the same:

 Separation of power is not a part of Indian Constitution

 Indian parliament was never considered as an agent of anybody. Therefore doctrine of delegates
non potest delegare is not applicable

 Parliament completely cannot abdicate itself by creating a parallel authority

 Only ancillary functions can be delegated

 There is a limitation on delegation of power. Legislature cannot delegate its essential functions.
Essential function involving laying down the policy of the law and enacting that policy into
binding rule of conduct.

16
(1944-45) 72 IA 57; AIR 1945 PC 48
17
Air 1949 fc 175
7
V. Conclusion

Delegated Legislation is one of the most inevitable parts of Administrative Law. When discussing
about Constitutionality of delegated legislation the main question is about the permissible limits of the
Constitution within which the law-making power may be validly delegated by the Legislature.

Evolution of Administrative Law Jurisprudence in Indian Courts can be seen in various other
principles of Administrative Law some of which are Separation of Power (In Ram Jawaya Kapur v
State of Punjab, 1955), Rule of Law (ADM Jabalpur v Shivkant Shukla, 1976) and Natural Justice (
Tata Cellular V. Union of India – Rule against Bias –Personal) . Administrative law is the law
governing the Executive, to regulate its functioning and protect the common citizenry from any abuse
of power exercised by the Executive or any of its instrumentalities. It is a new branch of law which has
evolved with time and shall continue to evolve as per the changing needs of the society. The aim of
administrative law is not to take away the discretionary powers of the Executive but to bring them in
consonance with the ‘Rule of law’.

VI. Reference

1) I.P. Massey, Administrative Law, EBC, 2021, 9th ed.

2) ICSI, Study Material, Module 1 – Jurisprudence, General Laws and Interpretation.
3) https://www.studocu.com/in/document/saveetha-university/international-law/administrative-law-
landmark-cases/11304926