Thursday, January 12, 2017

10 Differences Between the Constitutional and Administrative Law of India

Accordingly to Keith: “It is logically impossible to distinguish administrative law from constitutional law and all attempts to do so are artificially.” But still some of the most important differences between the constitutional and administrative law of India are:

Constitutional Law:


1. It is the supreme and highest law of the country. No law can be regarded above the law of constitution of India.
2. The constructional law is always regarded as the genus. It is the main law.
3. This law mainly deals with various organs of a state.
4. It mainly deals with the structure of the state.
5. It 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.
6. It also gives guidelines about the intentional relations.
7. It deals with the general principal of state pertaining to all branches.
8. It demarcates the constitutional status of Ministers and public servants.
9. It 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.
10. The constitutional laws have complete control on the administrative law and administrators of the country.


Administrative Law:


1. It is not the supreme law of the country rather it is subordinate to the constitutional law.
2. Administrative law is the species of Constitution law.
3. It deals with the organs of the state as motion.
4. It mainly deals with the various functions of the state.
5. It doesn’t deal with all branches of law, rather it details with the powers and functions of administrative authorities.
6. It does not deal with the international law. It deals exclusively with the powers and functions of administrative authorities.
7. It 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.
8. It is concerned with the organization of the services or the working of the various government departments.
9. The administrators have to follow constitutional law first and next the administrative law.
10. The administrators should perform their functions with utmost obedience to constitutional law. Administrative law is just a subordinate to constitutional law.


Labels: 10 Differences Between the Constitutional and Administrative Law of India

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