Administrative Adjudication through the Lens of Constitutional Law in India: The Genus-Species Relationship

  • Dr. Sameera Khan
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  • Dr. Sameera Khan

    Assistant Professor at Jagdamba Law Degree College affiliated to B R Ambedkar University, Agra, India

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The 20th century witnessed a rapid growth in the affairs of the Government. The Government has modified its structure from a responsible body protecting its citizens and maintaining external interference and internal disturbance towards a more accountable entity preserving the nation at multiple fronts. This led to the development of Administrative Bodies to fulfil the larger expectations of the citizens. Consequently, it has catalysed the growth of Administrative Law and its scope. The Indian Constitution has played a key role in the development of Administrative Law. It states that Fairness, Justice, Equality, Freedom and Unity are the key principles upon which the Administrative Law is based. However, the principles would not hold much importance unless the Government actively participates in taking steps through administrative bodies. Administrative law places a limit on the authorities from using their powers in an abusive manner. It is focussed on the development of ethics and doctrines to ensure that the Administrative or public authorities work in a legal, reasonable and efficient manner. In India, the Administrative Adjudication is substantially and significantly influenced by Constitutional Law. The Indian Constitution itself provides for control of Administrative Authorities under Article 32, 136, 226, 277, 300 and 311. Moreover, there are a number of Administrative Agencies like Election Commission and Public Service Commission in the Constitution that exercise regulatory and supervisory authority over a variety of activities and endeavours in India. The Indian Constitution places fetters on the Administrative Actions of the Authorities through the provisions of Judicial Review and Fundamental Rights. It also ensures that the Constitutional Principles like equity, accountability and reasonableness are applied by the Administrative Bodies while discharging their functions. A number of Tribunals have been established to provide a forum where the aggrieved parties can raise their grievances if their Constitutional Rights are violated through Administrative Actions. The paper analyses the process of Administrative Adjudication in India through the lens of Constitutional Law. The interplay between Administrative Law and Constitutional Law has been discussed elaborately. Furthermore, the application of principles of the Indian Constitution to Administrative decisions by Indian Courts has been analysed. It also discusses the landmark judgments given by the Courts and Tribunals which have contributed towards the growth of Administrative Law in India. The author also provides suggestions to facilitate the growth and development of Administrative Law in India.


Research Paper


International Journal of Law Management and Humanities, Volume 6, Issue 5, Page 182 - 201


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