Administrative Law: An Analysis Of Rule Of Law

Administrative law

Internal 1

An Analysis of Rule of Law

"The King himself ought not to be subject to man, but subject to God and the law, because the law makes him King" –Lord Chief Justice Coke

Submitted by: Ameya Foujdar

PRN: 14010122023

Submitted to: Prof. Pallavi Mishra

Symbiosis Law School

Symbiosis International University

Contents

Introduction 3

Administrative Law 3

Rule of Law in General 4

Origin of Rule of Law 4

Analysis 5

Evaluation of Dicey’s Thesis 5

Rule of Law under Indian Constitution 6

Modern Rule of Law 8

Commentary 9

Conclusion 10

Bibliography 10

Introduction

Administrative Law

Law consists of various branches and isn’t only about punishing a criminal activity. At times, it also involves ensuring proper

It refers to a government based on principles of law and not of men’. It emphasizes that a government or any authoritative body of a country should be bound under the ambit of regular law of the country instead of it being controlled by laws devised for itself.

Origin of Rule of Law

Administrative Law is a recent phenomenon. The Rule of Law first evolved in England. The people had a certain mistrust regarding the growth of administrative process and specific laws governing the same. The people refused to recognize this administrative law and used Rule of Law as a weapon to halt its growth. Rule of law was introduced in England by A.V. Dicey.

Edward Coke is the deviser of this concept when he said that the ‘King must be under the God and Law’. He emphasized the supremacy of law over executives. Edward cokes baton of ideas was further carried forward by many great minds like Samuel Rutherford who is the first person to have coined the term ‘rule of law’. This was further developed by Dicey whilst he was giving lectures on the law of British Constitution at The Oxford University. He spoke on two main principles, namely the supremacy of parliament and the rule of law. His famous words ‘Wherever there is discretion there is room for arbitrariness’ are now the basis of Rule of

All the three main organs of the government i.e. the legislature, the executive and the judiciary are subordinate to the Constitution. They are, however, separate from each other. Right from the Preamble of the Constitution the importance to the Rule of Law is evident. Equality and justice are enshrined in the preamble. The rights bestowed upon the citizens under Part III of the Constitution are justiciable .i.e. the courts can hear matters pertaining to these rights. An individual can claim remedy against the state under Article 32 and 226 of the Constitution. Article 356(3) instructs the administration to act in conformity of the Constitution. Articles 245 and 256 state that the executive and legislative powers have to be used as specified in the Constitution. All laws, regulations, rules and notifications have to abide by the Constitutional provisions. If any laws are opposed to the rights granted under Part III of the Constitution then such a law shall be void and ‘ultra vires’ under Article 13. Articles 20 and 22 state that no person shall be deprived of his life and liberty. The president is required to defend the Constitution, by oath. If an executive order of the President is sought to accomplish a thing which could not be accomplished due to defeat of a Constitutional bill, this is an abuse of executive power. The legal approval of executive acts need not be immediate but should not be distant either, except in case of