Tag Archives: Administrative Law Notes

Constitutional Protection to Civil Servants

INTRODUCTION The Government of India is the largest employer of the people of India. The Railways provide the most number of jobs. There are nearly 6.4 million people employed by the Government. These do not include the jobs in Public Sector Undertakings. For the administration and the for the government to function effectively and efficiently, a contingent of… Read More »

Practice and procedure of Administrative Adjudication: Rules of Natural Justice

INTRODUCTION ‘Natural Justice’ is an expression of English Common Law having its origin in Jus natural (law of Nature.) It involves the procedural requirement of fairness. In England, it was initially applied to the courts but later projected from the judicial to the Administrative sphere. It is justice that is simple and elementary, and fair play in action.… Read More »

Definition, Purpose and Sources of Administrative Law

Definitions There is a great divergence of opinion regarding the definition of the concept of the administrative law. This is because of the tremendous increase in the administrative process that it makes impossible to attempt any precise definition of administrative law which can cover the entire range of the administrative process. Hence, one has to expect differences in… Read More »

Delegated Legislation

Delegated Legislation Delegated legislation is a kind of subordinate legislation. Generally, the ‘delegated legislation’ means the law made by the executive under the powers delegated to it by the Supreme legislative authority. It comes in the form of orders, bye-laws etc. The Committee on Minister’s power said that the term delegated legislation has two meanings- 1. Firstly, it… Read More »

A Comparison Between Legislation and Precedent

Comparison between Legislation and Precedent In precedent, rules and principles are laid down by inductive method. In legislation, the deductive method is resorted to. The courts take the rules from the statute and apply it to particular cases. Legislation has abrogative power also. It not only created law but it can abrogate an existing law, existing in whatever… Read More »

Doctrines of Administrative Law

Doctrine of Proportionality The doctrines of proportionality was developed in the 19th century in Europe and originated in Prussia. It is a principle where courts would examine priorities and processes of the administration for reaching or recalling a decision. Proportionality means that the administrative action should not be more drastic than it ought to be for obtaining the… Read More »