Administrative Law

1. Writs (full form of 5writs only meaning) 5*2=10

Ans – Writs are a written order from the Supreme Court or High Court that commands constitutional remedies for
Indian citizens against the violation of their fundamental rights. Article 32 in the Indian Constitution deals with
constitutional remedies that an Indian citizen can seek from the Supreme Court and High Court against the violation
of his/her fundamental rights. The same Article gives the Supreme Court power to issue writs for the enforcement of
rights whereas the High Court has the same power under Article 226. The writs – Habeas Corpus, Mandamus,
Certiorari, Quo Warranto and Prohibition.

(a) Habeas Corpus: The Latin meaning of the word ‘Habeas Corpus’ is ‘To have the body of’. This writ is used to
enforce the fundamental right of individual liberty against unlawful detention. Through Habeas Corpus.
Supreme Court or High Court orders one person who has arrested another person to bring the body of the
letter before the court.
(b) Mandamus: The literal meaning of this writ is ‘we command’. This writ is used by the court to order the
public official who has failed to perform his duty or refused to do his duty, to resume his work. Besides
public officials, Mandamus can be issued against any public body, a corporation, an inferior court, a tribunal
or government for the same purpose.
Mandamus can’t be issued against the Indian President or State Governors.
(c) Prohibition: The literal meaning of Prohibition is ‘to forbid’. A court that is higher in position issues a
prohibition writ against a court that is lower in position to prevent the latter from exceeding its jurisdiction
or usurping a jurisdiction that it does not possess. It directs inactivity.
Prohibition can be issued only against judicial and quasi judicial authorities and not against administrative
authorities, legislative bodies.
(d) Certiorari: The literal meaning of the writ of ‘certiorari’ is ‘to be certified’ or ‘to be informed’. This writ is
issued by a court higher in authority to a lower or tribunal ordering them either to transfer a case pending
with them to itself or quash their order in a case. It is issued on the grounds of an excess of jurisdiction or
lock of jurisdiction or error of law. It not only prevents but also cures for the mistakes in the jurdiciary.
It can be issue for transfer of case.
(e) Quo Warranto: The literal meaning of the writ of ‘Quo Warranto’ is ‘by what authority or warrant’. Supreme
Court or High Court issue this writ to prevent illegal usurpation of a public office by a person. Through this
wirt, the court enquires into the legality of a claim of a person to a public office.

2. Nature and scope of Administrative Law 5

Ans – Definition of Administrative Law:

Administrative law is a law related to administration and can be defined as the law which governs the activities of
the administrative agencies of the government including actions like rulemaking, adjudication, or the enforcement of
a particular agenda.

Nature of Administrative law:

Administrative law is the branch of public law which defines the relation between individuals and state.
Administrative law deals with the organization, powers and duties of the administrative authorities and also the
procedure followed by the officials while exercising the powers. Administrative law is limited to the law which limits
the power of administrative authorities while exercising the powers. It also provides remedies in the favor of the
public when the rights of the public encroached.
In India, administrative law is almost judge made law. Judiciary interprets law according to the need of time and
issues guidelines for such. It affects administrative law and makes it more strong and beneficial. By delegation
legislation administrative has the power to make law when it comes to implementation of administrative acts as an
executive and when it comes to making quick decisions then the administrative can act as the judiciary. The nature
of administrative law changes according to the need.

Scope of Administrative law:

Scope means an area of study or the variety of subjects that are being discussed or considered. As administrative law
is almost judge-made law so it changes according to societal needs but in the guidance of the basic principles so the
scope of this law is wider in comparison to other laws. Administrative law determines the powers and duties of the
organization and the administrative authorities.

The scope of the administrative law is wide as it can act as all three branches of the government. It can make law,
implement the law and can also take decisions whenever required. But the review of the decision can be taken and
on the basis of that review, the court can issue guidelines if there is any contradiction in that decision.

Conclusion:

Administrative law is to administer & protect the public from the arbitrary actions of the administrative authorities.
For a democratic country, there should be a strong and honest administration system. Administrative law provides
that strength by making laws for administrative authorities. Administrative law makes the working of the
administration system more clear and more smooth.

3. Difference between Administrative Law and Constitutional Law 5

Ans – Constitutional law and administrative law both are concerned with functions of government, both are a part of
public law in the modern state and the sources of the both are the same. Yet there is a distinction between the two.
The following are the differences between Administrative law and Constitutional law –

(a) Administrative law is subordinate to the constitutional law. Constitutional law is the supreme and highest
law of the country.
(b) Administrative law is the species of Constitutional law. The constitutional law is always regarded as the
genus.
(c) Administrative law deals with the organs of the state as motion. Constitutional law mainly deals with various
organs of a state.
(d) Administrative law mainly deals with the various functions of the state. Constitutional law mainly deals with
the structure of the state.
(e) Administrative law doesn’t deal with all branches of law, rather it details with the powers and functions of
administrative authorities. Constitutional law touches all the branches of law and gives guidelines with
regard to the general principal relating to organization and powers of organs of the state, and their relations
between citizens and towards the state.
(f) Administrative law does not deal with the international law. It deals exclusively with the powers and
functions or administrative authorities. Constitutional law also gives guidelines about the intentional
relations.
(g) Administrative law deals with the powers and functions of administrative authorities, including services,
public departments, local authorities and other statutory bodies exercising administrative powers, quasi-
judicial powers, etc. Constitutional law deals with the general principal of state pertaining to all branches.
(h) Administrative law is concerned with the organization of the services or the working of the various
government departments. Constitutional law demarcates the constitutional status of Ministers and public
servants.
 (i) The administrators have to follow Constitutional law first and next the Administrative law. Constitutional law
imposes certain negative duties on administrators, if they are found violating the fundamental rights of the
citizens and etc. It also imposes certain positive duties on administrators viz, implementation of social
welfare schemes.
(j) The administrators should perform their functions with utmost obedience to Constitutional law.
Administrative law is just a subordinate to Constitutional law. Constitutional law has complete control on the
administrative law and administrators of the country.

4. Droit Administrative 10

Ans –

Introduction:

Droit Administrative can be defined as a body of rules which determines the organization and the duties of public
administration and which regulate the relations of administration with the citizens of the State.

Meaning of Droit administrative: French administrative law is known as Droit Administratif which means a body of
rules which determine the organization, powers and duties of public administration and regulate the relation of the
administration with the citizen of the country. Droit administrative does not represent the rules and principles
enacted by Parliament. It contains the rules developed by administrative courts.

Napoleon Bonaparte was the founder of the Droit administrative. It was he who established the Conseil d’Etat. He
passed an ordinance depriving the law courts of their jurisdiction on administrative matters and another ordinance
that such matters could be determined only by the Conseil d’Etat.

Droit administratif is a branch of law which determines the organization, powers, and duties of public administration.
According to Dicey droit administratiff is that portion of French Law which determines –

(a) The position and liabilities of state officials;

Rules of Droit Administratif:

Droit Administratif is a representation of judge-made rules decided in a court of law and not of the rules carved out
from the French Parliament. The series of rules that, if compiled together, will result in the Droit Administratif are as
follows: 

(a) Rules that deal with administrative authorities and officials associated with the same. 
(b) Rules that deal with public service operations to fulfill citizens’ needs.
(c) Rules that deal with administrative adjudication. 

While the first rule applies to appointment, removal, allowances, obligations, the second rule was made to focus on
the welfare of the public which was to be operated directly by the public officials or could have been delegated by
them and carried out under their authority. Private agencies could also have been appointed to execute such rules.
The third rule makes it clear that the highest administrative court in the land is Conseil d’Etat. Infringement of any
rights or causing of injury associated with the private citizens of the land would directly be handled by the
administrative courts. 

Characteristics of Droit Administratif 

(a) The matters that are associated with the State and administration oriented litigation are to be decided by
the administrative courts and not by the ordinary courts of the land.
(b) While deciding matters concerning litigation as mentioned above, the rules that are applied in the same are
developed from the courts itself. 
(c) The deciding agency in matters of jurisdiction conflicts between the two courts, namely the administrative
and ordinary, is known as Tribunal des Conflicts. 
(d) The Droit Administratif acts as a safeguard for the government officials from the authority of the ordinary
courts. 
(e) The development of Conseil d’Etat is not a one day plan but the product of a long going process surrounding
the French Revolution. It played the role of both a consulting and an adjudicating body. 

The characteristics mentioned above give a summary as to the application of Droit Administratif. They separate the
French administrative structure with that of other common law countries. French administrative law includes
activities more than just delegation and adjudication that affects public administration. The separation of courts for
two classes of people, as the Droit Administratif lays down, supports specificity in carrying out the adjudicating
procedure. The explanation it provides is that the government officials carry with them the knowledge of the process
in any administrative action hence, they are eligible to be ruled by administrative courts.

In the case of citizens, such things do not apply hence, they are subjected to ordinary courts. The French
administrative system also lacks the usage or the principle of natural justice on aspects that there lies no application
of the rule of Audi Alteram Partem for the French system believes that requirement of defending oneself is not
required in the adjudicating procedure. France also abandoned the immunity of the State from tort liability as is
there in English jurisprudence. The interference of the administrative courts with that of ordinary courts is also not
permitted in the atmosphere of France. The burden of precedent laws does not apply in the case of the French
administrative system for it is based on the judge-made laws only. 

Conclusion:

In the present scenario, as the world is setting into complexities in terms of government, there are a huge number of
changes brought into the administrative process. For any country, administration plays an important role because it
is what helps in the functioning of any kind of activity in the nation. A lot of terms associated with the French
administrative system have amounted to being misleading for the exercise of public administration. But the fact that
there needs to be the presence of certain principles in order to be applicable in public administration is proven by
the existence of Droit Administratif.