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Introduction to Administrative Law in India

Administrative law, also known as public law, deals with the relationship between the government and citizens. It governs how public authorities exercise their powers and duties, ensuring accountability and fairness in governance.

Key Concepts​

Definition of Administrative Law​

Administrative law is defined as "the body of law governing the creation, implementation, and enforcement of rules and regulations by executive branch agencies of government" (Black's Law Dictionary).

Sources of Administrative Law​

In dia, administrative law derives from several sources:

  • Constitution of India
  • Statutes enacted by Parliament and State Legislatures
  • Rules and Regulations framed under statutes
  • Judicial precedents

Case Studies​

Let's explore some significant cases that have shaped administrative law in India:

1. Maneka Gandhi v. Union of India (1978)​

This landmark case established the right to life and liberty as fundamental rights under Article 21 of the Constitution of India.

Legal Section: Article 21 of the Constitution of India

Illustration: The Supreme Court held that even detention without trial could violate Article 21 if it was not reasonable.

2. Keshavananda Bharati v. State of Kerala (1973)​

This case upheld the basic structure doctrine of the Constitution, protecting certain fundamental features from amendment.

Legal Section: Articles 368(2) and 368(4) of the Constitution of India

Illustration: The court ruled that Parliament cannot amend any part of the Constitution that alters the basic structure of the Constitution.

3. Union Carbide Disaster Case (1984)​

This case led to significant changes in environmental and safety regulations in India.

Legal Section: Environmental Protection Act, 1986

Illustration: The Bhopal gas tragedy resulted in stricter regulations and increased liability for companies involved in hazardous activities.

Practical Applications​

Understanding administrative law is crucial for various professions:

  • Public servants
  • Advocates practicing in administrative law
  • Corporate lawyers dealing with regulatory matters
  • Policy makers

For example, a public servant needs to understand the principles of natural justice to ensure fair decision-making processes.

Conclusion​

Administrative law plays a vital role in shaping governance in India. It provides checks and balances on executive power, protecting citizens' rights and promoting transparency in government operations.

As students of law and LLB, understanding these concepts and case laws will serve you well in your future careers, whether in public service, private practice, or policy formulation.

Remember, administrative law is constantly evolving, so stay updated with recent judgments and legislative changes.