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Administrative Law in India

Introduction​

Administrative Law in India is a crucial aspect of governance and public administration. This chapter explores the key concepts, principles, and practices of administrative law as it applies to India.

Statutory Authorities​

Central Government Ministries and Departments​

  1. Ministry of Personnel, Public Grievances and Pensions (Department of Personnel and Training)

    • Legal basis: Article 309 of the Constitution of India
    • Illustration: In Rajeev Kumar v. Union of India (2013), the Supreme Court upheld the validity of Rule 8(2) of the All India Services (Discipline and Appeal Procedure) Rules, 1969, which allowed for disciplinary action against civil servants without following the principle of natural justice.

  2. Central Vigilance Commission

    • Legal basis: Section 4 of the Central Vigilance Commission Act, 2003
    • Illustration: In Common Cause v. Union of India (2018), the Supreme Court held that the Central Vigilance Commissioner had the power to inquire into allegations of corruption against government officials under Section 4(1)(c) of the Central Vigilance Commission Act, 2003.

State Governments​

  1. State Public Service Commissions

    • Legal basis: Article 316 of the Constitution of India
    • Illustration: In State of Maharashtra v. Subhash Chandra Kashalikar (1996), the Supreme Court ruled that the Maharashtra Public Service Commission could not be directed to consider a candidate who was not eligible under the rules framed by the commission.

  2. State Election Commissions

    • Legal basis: Article 324 of the Constitution of India
    • Illustration: In Naveen Kohli v. Irene Mathur (2006), the Supreme Court upheld the Delhi High Court's decision that the Delhi State Election Commission had the power to disqualify a candidate from contesting elections due to non-compliance with election norms.

Non-Statutory Authorities​

Ombudsman System​

  1. Lokpal

    • Legal basis: The Lokpal and Lokayuktas Act, 2013
    • Illustration: In Janata Dal (United) v. Union of India (2020), the Supreme Court upheld the constitutionality of the Lokpal Act, ruling that it did not violate the principles of federalism enshrined in Articles 14 and 19 of the Constitution of India.

  2. Lokayukta

    • Legal basis: The Lokayukta and Up-Lokayukta Act, 1975
    • Illustration: In Karnataka Lokayukta v. D.V. Sadanda Gowda (2017), the Karnataka High Court held that the Lokayukta had the power to investigate complaints of corruption against the Chief Minister of Karnataka.

National Human Rights Commission​

  1. National Human Rights Commission
    • Legal basis: Protection of Human Rights Act, 1993
    • Illustration: In National Human Rights Commission v. State of West Bengal (2000), the Supreme Court upheld the NHRC's power to recommend compensation to victims of human rights violations, even when the state government refused to comply.

Conclusion​

This chapter provides an overview of the key aspects of Administrative Law in India, focusing on both statutory and non-statutory authorities. It emphasizes the importance of understanding these institutions through real-life case laws and illustrations, making it relevant for law students and LLB candidates.

For further reading and research, please refer to the following sources: