Sir Ivor Jennings:
“Administrative Law is the law relating to administration which determines the organisation, powers, and duties of administrative authorities.”
Wade:
“Administrative law is the law relating to the control of governmental powers.”
K.C. Davis:
“Administrative law is the law concerning the powers and procedure of administrative agencies, including especially the law governing judicial review of administrative actions.”
Nature of Administrative Law
Nature (Powers of Administrative Authorities):
- Legislative
- Executive
- Judicial
Doctrine of Separation of Powers
Propounded by: Montesquieu
Three Organs of Government
| Organ | Function |
| Legislature | To make laws |
| Executive | To implement laws |
| Judiciary | To interpret laws |
Principles of Separation of Powers
- The same person should not form part of more than one organ of government.
- One organ should not interfere with the functioning of another.
- No organ should perform the functions assigned to another.
Separation of Powers in India
- The Indian Constitution does not recognize an absolute separation of powers.
- There is a broad separation, but not rigid.
Example: President of India
| Power Type | Constitutional Articles | Description |
| Administrative Power | — | Executive Head of the Union |
| Judicial Powers | Art. 103 | Decides on disqualification of Members of Parliament |
| Art. 72 | Grants pardon, reprieve, or remission | |
| Legislative Powers | Art. 123 | Promulgation of ordinances |
| Art. 240 | Administration of Union Territories (Peace) | |
| Art. 357 | Exercise of legislative powers during emergency |
Judicial Interpretation
Indira Nehru Gandhi vs Raj Narain (1975)
- The Court observed that in the Indian Constitution, separation of powers exists only in a broad sense.
- A rigid separation as in the U.S. or Australian Constitutions does not apply to India.
Kesavananda Bharati vs State of Kerala (1973)
- The Supreme Court held that the Doctrine of Separation of Powers is a part of the Basic Structure of the Constitution.
Rule of Law
- The term Rule of Law is derived from the Latin phrase “La Legality”, meaning principle of legality — where government is based on law, not on the will of men.
A.V. Dicey’s Doctrine of Rule of Law
- Supremacy of Law – Law is supreme and no person is above it.
- Equality before Law – Every person, irrespective of status, is subject to the same law.
- Predominance of Legal Spirit – Rights of individuals are protected and enforced by courts of law.