DISCUSS THE ADMINISTRATIVE APPLICATION OF RULE OF LAW, Study notes of Administrative Law

Download DISCUSS THE ADMINISTRATIVE APPLICATION OF RULE OF LAW and more Study notes Administrative Law in PDF only on Docsity! ADMINISTRATIVE LAW ASSIGNMENT II TOPIC: DISCUSS THE ADMINISTRATIVE APPLICATION OF RULE OF LAW UNDER INDIAN CONSTITUTION AND SUPPORT YOUR ANSWER WITH THE HELP OF PROVISIONS AND CASE LAWS AND EXPLAIN THE LEGAL ASPECTS. SUBMITTED BY: - SUBMITTED TO:- KHYATI Mr. EESH SINGH SIR SECOND YEAR – B (ASST. PROF. IN IIMT ROLL NO. – 42513403818 AND SCHOOL OF LAW)  INTRODUCTION TO RULE OF LAW The Rule of Law is among the major principles of the English Constitution. The doctrine was further adopted in the constitution of USA and India. The administrative law is totally based on the doctrine of the Rule of Law. The concept of Rule of Law is that the state is governed, not by the ruler or the nominated representatives of the people but by the law. The doctrine of the Rule of Law is said to have its origin from Sir Edward Coke. He made a statement saying that God and the Law are what must stand above the King. This brought forth a supremacy law against the King. The King is not the law but the law is king. 1. Law and order. 2. Fixed rules. 3. Elimination of discretion. 4. Due process of law or fairness. 5. Natural law or observance of the principles of natural justice. 6. Preference for judges and ordinary courts of law to execute authorities and administrative tribunals. 7. Judicial review of administrative action.  RULE OF LAW UNDER INDIAN CONSTITUTION  Dicey’s rule adopted in Constitution : The Indian constitution took up and makes use of Dicey’s rule of law. It is comprised of the key factors of justice, liberty, and equality.  Part III provides fundamental rights which are guaranteed : The third part of the constitution of India puts forward basic rights that are guaranteed, as subject to the protection and forcible action of the court.  Supremacy of the constitution accepted : The superior nature of the constitution is recognized by the three arms of the government: Executive, Legislature and the judiciary which renders the three subject to it.  Principle of judicial review embodied in Constitution : The principle of judicial review is incorporated in the Constitution and the Supreme Court which is the guard over fundamental rights.  Any person aggrieved may go to Supreme Court (Art.32) : Art. 32 give an individual who has been grieved by the administration the right to head to the Supreme Court. The Supreme Court is obligated to give the right orders thereafter.  All rules, regulations, by laws, notifications and customs and usages are laws within Art. 13 & if they are inconsistent, contrary to any provisions thereof they are declared ultra virus by SC/HC The Courts of the law have the power to subdue the government to the provisions of the law if it wrongfully makes use of its authority. Every rule, regulation, ordinances, bye-laws, notifications, customs, and usages are laws in some way and can be named as ultra virus if they become unreliable and defiant to any provisions by the Supreme Court as stated in Art. 13.  Art. 21 “no person shall be deprived of his life or personal liberty except according to procedure established by law” Individuals are not supposed to be robbed of their lives and liberty if procedures do not require of it as stated in Art.21 of the constitution. The same is declared about his property in Art. 300-A except if it is required through the authority of the law.  The maxim “King can do no wrong” not applicable : The maxim has three important implications – Firstly, it means that the king is above law and cannot be tried in any court of England for any wrongful act done by him. Secondly, the Maxim means that the king is above all responsible for the acts done in his name. No person can plead the orders of the king in defense of any wrongful act by him. Thirdly, the maximum implies that all the intents and purposes it is the Minister-in-charge who is legally responsible for every act of the British government performed in the name of the king.  Rule of law basic structure of Constitution as laid down in Keshavnanda Bharti Case, 1973 : The Supreme Court held that the Rule of Law is an essential part of the basic structure of the constitution and as such cannot be amended by any Act of Parliament, thereby showing how the law is superior to all other authority of men.  Art.14 – equality before law and equal protection of law : The government and its officials are subject to questioning by the law for acts committed against the law hence rendering nobody above the law. This is because of the Indian Constitution in Art. 14 contend for equality before the law. They are also subject to the jurisdiction of ordinary courts of law.  Art.16 – equal opportunity in public employment : Equal opportunities are to be granted in public employment as given in Art. 16. The above provisions indicate how the concept of the rule of law is riveted in the Indian Constitution. Keshvanand Bharti’s case, 1973 set that as the primary structure of the Constitution.  Role of Indian Judiciary : There are many cases where the concept of rule of law was discussed and came into light. Some of the cases are as follows: o ADM Jabalpur v. Shivkant Shukla (1976) 2 SCC 521 This case is also known as “Habeas Corpus case”. It is one of the most important case when comes to rule of law. The question that was raised before the hon’ble court was that whether there was any rule of law in India apart from Article 21 of the Indian Constitution. It was in context relating to the proclamation of emergency where the enforcement of Articles 14, 21 and 22 were suspended. In criminal administration, the rule of law entails:  Proper criminal process.  Arrests should not be made without the jurisdiction of the law.  Nobody should be presumed innocent.  The legal aid which means everyone has the right to a fair hearing and public trial.  Independent judiciary.  Independent legal profession.  Standard of professional ethics.  CONCLUSION  The work of the administrative law is not to contribute to executive arbitrariness, rather, its work is to monitor and guard the rights of people from excessive administration. In other words, the objective of the administrative law is to bring power and liberty to the same table.  The objective of the administrative law is to bridge the gap between liberty and power.  The Rule of Law guides governments to create conditions that do not interfere with the dignity of man.  It goes further to explain that dignity is not all about opening the platform of civil and political rights but more of developing political, social, economic, educational and cultural atmospheres which are with no doubt, necessary for the growth of man’s personality.  In all matters such as the protection of the rights of the people, equal treatment before the law, protection against excessive arbitrariness, the Constitution of India has provided enough mechanisms to ensure that the Rule of Law is followed.  It can be concluded that Supremacy of law is the Aim; Rule of Law is the best tool to achieve the Aim.