It is known that everything man people do is governed by rules. For example, there are rules for games and social clubs. Rules of morality and customs also play an important role to establish our day-to-day life. Rules that are made by legislatures, for the nation are called ‘laws’.
Laws in society are a must so our society can regulate its work properly. They are designed to safeguard our property and safeguard us and to ensure that everyone in society behaves in a proper manner.
Essentially, the Constitutional law is the supreme law. All other laws have to conform to the Constitutional law. Constitutional law contains laws concerning the government and its people.
Constitutional law is a body of laws that defines the role, powers, and structures of different entities of the State, namely, the legislature, the executive, and the judiciary, as well as the basic rights of citizens and, the relationship between the central government and state governments.
Constitutional law is a set of rules which can either be imposing or directive. It provides a way to regulate the nation by proposing a set of laws that shall be abided by the citizens of the country. It leads the country in the right direction without fail.
It includes various fundamental rights, fundamental duties, and directive principles. We need constitutional laws to regulate the system that prevails in the country.
It acts as an obligation on the citizens where they cannot go beyond its fundamental rights, which is a must so as to monitor the whole nation at a time.
Constitutional law creates a sense of equality amongst the citizens. It is like a parent to a child who imposes certain conditions but its sole purpose is the well-being of the child. The same way Constitutional law acts for its citizens.
Constitutional laws provide to some people who can either be elected or nominated for lawmaking depending upon the nation’s Constitutional provisions.
Constitutional law facilitates the head of the State to administer the whole country which is large, culturally, and linguistically diverse.
Administrative law is the law that governs administrative actions. As per Ivor Jennings, administrative law is the law relating to administration. It determines the organization, powers, and duties of administrative authorities.
It includes law relating to the rulemaking power of the administrative bodies, the quasi-judicial function of administrative agencies, legal liabilities of public authorities and power of the ordinary courts to supervise administrative authorities.
It governs the executive and ensures that the executive treats the public fairly. Administrative law is a branch of public law. It deals with the relationship between individuals and the government.
It determines the organization and power structure of administrative and quasi-judicial authorities to enforce the law. It is primarily concerned with official actions and procedures and puts in place a control mechanism by which administrative agencies stay within bounds.
There are a few reasons for the development of administrative law in India.
Firstly, India is a ‘Welfare State’. Government activities have increased and thus the need to regulate the same.
Therefore, this branch of administrative law was developed. Secondly, there is the inadequacy of the legislatures. The legislatures have no time to legislate upon the ever-changing needs of society.
Even if it does, the lengthy and time taking legislation procedure would render the rule so legislated of no use as the needs would have changed by the time the rule is implemented.
Thirdly, there is a judicial delay in India. The judicial procedure of adjudicating matters is very slow, costly complex, and formal. Furthermore, there are so many cases already lined up that speedy disposal of suites is not possible.
Hence, the need for administrative tribunals arose.
Fourthly, as administrative law is not a codified law there is a scope of modifying it as per the requirement of the State machinery. Hence, it is more flexible. The rigid legislating procedures need not be followed again and again.
There is a basic difference between constitutional law and administrative law. Constitutional law is the supreme law of the land. No law is above the constitutional laws and hence must satisfy its provisions and not be in its violation.
Administrative law is therefore subordinate to constitutional law. Constitutional law deals with the structure of the State and its various organs.
Administrative laws deal only with the administration. Administrative authorities should first follow the constitutional laws and then work as per administrative law.