Introduction
In the present era, Administrative law is recognised as separate branch of legal studies but at the same time the discipline of constitutional administration law may overlap with each other at certain place which is known as watershades in administrative law. It include whole control mechanism provide in constitution for control of administrative authority like Article 32 and 226.
It may also include the limitations imposed by constitution law on delegation of power to administrative authorities. So the water shades under Administrative law show that administrative law is not totally independent from constitutional law but are related to each other.
They are both supplementary and complementary to each other. The Constitution law describes various organ of government at rest while the administrative. Law describes them in motion. So we can say that the structure of legislature and executive in subject matter of constitution law and its function are subject matter of administrative law. Both these subject are closely related to each other.
Constitutional law is the core law which gives very life and blood to administrative law. It is logically impossible to distinguished administrative law from constitutional law and all the attempt to do in are artificial.
Relationships
The relationship between the administrative law and constitutional law is not very waterlight sometime administrative law invade into territory of constitutional law so it is very important for jurist to develop properly understanding between the two. Both constitutional law and administrative law are part of public law which show constitutional law is mother of administrative law and it cannot be totally separated from each other.
In constitutional law arbitrary action is limited by norm and principles of administrative law of fairness. It deals with organisations, powers and functions, duties of administrative authority.
On the other hand constitutional law deals with general principles relating to the organisation and power of various organ of state and their relationships of these individuals.
Importance
The doctrine of water shades is very important as it gives a base to establish a line of proper boundaries for functioning of both the laws.
It defines the relationship between constitutional law and administration law which was defined by various English authors like dicey. It clearly discussed that the law are dependent and interconnected to each other.
Administrative law has become the most Eminent feature of government in today era and at same time it is also most Eminent.
Scope Of Administrative Law
As the constitutional part of view the Constitution is ground norm when it comes to legislation. It determine the power of different wings of government and protect the citizen against any violation of their rights.
It is indisputable that constitutional law plays a critical role of establishing guidelines for scope of flow of administrative action. Hence their exist a very unique relationship between the two.
There are various reasons and need to growth of administrative law. With the passage of time and circumstances the need of people and state also changing therefore the legislature makes administrative law as separate discipline. Additionally administrative law controls the arbitrary action of legislation authority which is very essential for protection of public rights and duty.
Hence there is great need to separate administrative law from the constitutional law because it is demand and need of people and state but still administrative and constitutional law cannot be complete separated from each other because they overlap at certain place which is known as watershads in administrative law.
In today world there is no need of government to just define the right of individuals but there is need for solving the problem of public. The government has to come forward protect the weaker section of society rather than defining rights which are already written in Indian constitution.
The main reason behind development and growth of administrative law and the law can be inadequate of traditional type of court and law making organ which are not able to give performance which is required in present time for proper function
Case Law
Dwarka Prasad Laxmi Narain vs state of UP 1954
In this case it was held that legislative action of administrative have been expressed bought by constitution within the preview of Article 13 by defining law as including order by law rule and notification having the force of law.
Therefore the rule making action of administrative law can be challenging not only the ground that it is ultravires but also on ground that it violates the fundamental right guarantee by constitution.
Sukhban singh vs State of Punjab 1962
An administrative action will also be void if it contravenes to any other provision of constitution outside the Constitution.
Conclusion
• So the conclusion is that watersheds in the area where both the laws will overlap with each other. In the present time administrative law is recognised as separate and independent legal discipline from constitutional law but in reality it Is not so. There are various provisions and mechanisms of watersheds of constitutional law which deals with administration law and in same manner some function and work of administrative law which are totally dependent on administrative law.
• So in this way they are interlinked with each other and they cannot be separated completely. In other words we can say that the watersheds works as an bridge between the two laws. This new law came into force or existence on need and development and demand of time and circumstances. It control arbitrary function of legislative authority and protect the right of public.
There are various sources of law in which the Constitution is main. Administrative law is nothing without constitutional law and its origin is feeply route in wants of constitution. So in this way they are interlinked with each other and they cannot be separated completely Some function and work of administrative law which are totally dependent on constitutional law. And administration law is nothing without constitutional law it is deeply routed in wants of constitution.
Author: Mohak Jain,
Ideal Institute of Management and Technology Karkardooma
1 thought on “Scope of Administrative Law”