"CONSTITUTIONAL AND ADMINISTRATIVE LAWS"

Summary:
Comparative studies of laws is done to study of differences and similarities between the law of the country and to know it’s effectiveness. Comparative law is the study of differences and similarities between the law (legal systems) of different countries. It includes various processes such as analyzing the laws and comparing them on a different basis.

Meaning:
It emphasizes on the legal mechanisms being adopted by countries and compares them. It is not a separate branch of law but just a method to analyze different versions of the law. Comparative law is a way to build a basic foundation through which laws all over the world operate.

Constitutional Law:
It is the body of law which defines the powers, rules and regulations and structure of the different entities namely the Legislature, Executive, and the Judiciary as well as the basic rights of the citizens and in the federal countries like Canada, USA and even India it consists of the relationship between the central government and the State Government. According to Holland, “the constitutional law describes the various organs of the government at rest while administrative law describes them in motion”.

Administrative Law:
Administrative law deals regarding the administration of the agencies of the government such as police areas, environment etc. It is the body of law that governs the activities of administrative agencies of government. Government agency action can include rule making, adjudication, or the enforcement of a specific regulatory agenda. According to Mait Land, constitutional law deals with structure and the broader rules which regulate the function while administrative law deals with the details of those functions. The relationship between the administrative law and constitutional law is not very watertight, sometimes administrative law invades into the territory of constitutional law, so it is very important for jurists, scholars and law students to develop a proper understanding between the relationships between these two. Both constitutional law and administrative law are parts of the public law it cannot be totally separated from each other. Constitutional law is the most important source of Administrative law in India. It is the origin and soul of Administrative law. In other words, we can say that constitutional law is the mother of Administrative law.

DOCTRINE OF WATERSHED:
This doctrine defines the relationship between the Constitution and the administrative law as defined by the dicey and Holland. This doctrine establishes a proper demarcation between both these laws. With regard to this doctrine when one draws two circles marking one as Constitutional law and other as the administrative law, they may overlap at some areas and these overlapping areas are known as watersheds. Administrative law regulates institutions whose powers are delegated that are 'administrative institutions'. It can be said that the Indian Constitution, is the supreme law of the land.

1. CONSTITUTIONAL & ADMINISTRATIVE LAW -A COMPARATIVE STUDY BY:- NEHA TIWARI

2. WHAT IS COMPARATIVE STUDIES B/W LAWS, METHODS & WHAT IS IT’S NEED? Comparative studies of laws is done to study of differences and similarities between the law of the country and to know it’s effectiveness. Comparative law is  the study of differences and similarities between the law (legal systems) of different countries. It includes various processes such as analyzing the laws and comparing them on a different basis. It emphasizes on the legal mechanisms being adopted by countries and compares them. It is not a separate branch of law but just a method to analyze different versions of the law. Comparative law is a way to build a basic foundation through which laws all over the world operate.

3. Functional method Structural method Analytical method Cultural legal comparison  Significance Evaluating a better law Gain knowledge Substantiating Improvement in legal education  Understanding international law Trade laws  Unification of laws Alternative use METHODS/ CLASSIFICATION & NEED CONT…

4. MEANING Constitutional Law: It is the body of law which defines the powers, rules and regulations and structure of the different entities namely the Legislature, Executive, and the Judiciary as well as the basic rights of the citizens and in the federal countries like Canada, USA and even India it consists of the relationship between the central government and the State Government. According to Holland , “the constitutional law describes the various organs of the government at rest while administrative law describes them in motion”

5. Administrative Law: Administrative law deals regarding the administration of the agencies of the government such as police areas, environment etc. It is the body of law that governs the activities of administrative agencies of government. Government agency action can include rule making, adjudication, or the enforcement of a specific regulatory agenda. According to Mait Land , constitutional law deals with structure and the broader rules which regulate the function while administrative law deals with the details of those functions .  CONT….

6. RELATIONSHIP The relationship between the administrative law and constitutional law is not very watertight, sometimes administrative law invades into the territory of constitutional law, so it is very important for jurists, scholars and law students to develop a proper understanding between the relationships between these two. Both constitutional law and administrative law are parts of the public law it cannot be totally separated from each other. Constitutional law is the most important source of Administrative law in India. It is the origin and soul of Administrative law. In other words, we can say that constitutional law is the mother of Administrative law.

7. DOCTRINE OF WATERSHED This doctrine defines the relationship between the Constitution and the administrative law as defined by the dicey and Holland. This doctrine establishes a proper demarcation between both these laws. With regard to this doctrine when one draws two circles marking one as Constitutional law and other as the administrative law, they may overlap at some areas and these overlapping areas are known as watersheds.

8. Constitutional Law -Constitutional law the body of rules, doctrines, and practices that govern the operation of political communities. In modern times the most important political community has been the state. -Constitutional law refers to rights carved out in the federal and state constitutions. -The majority of this body of law has developed from state and federal supreme court rulings, which interpret their respective constitutions and ensure that the laws passed by the legislature do not violate constitutional limits Administrative law Administrative law is the body of law created by the agencies and departments of the government, which carry out the laws passed by Congress or a state legislature. - Encompasses laws and legal principles governing the administration and regulation of government agencies - Legal institutions affecting government agencies as they implement legislation and administer public programs. - Part of the public law which fixes the organization and determines the competence of administrative authorities and indicates to the individual remedies for the violation of his rights. Both constitutional law and administrative law are parts of the public law -Both have the same source of law.

9. Difference Between Administrative Law and Constitutional Law CONSTITUTIONAL LAW ADMINISTRATIVE LAW The ultimate law of any nation-state is Constitutional law. Administrative law is ancillary to the ultimate law. Deals with the organs of the State and its structure Deals with the actual functioning of the organs of the State. It has a wide scope and deals with the powers of the State, general principles of governance, and the relationship between the citizens and the State. It has a narrow scope and only deals with the powers and functioning of the Administrative bodies. It is codified into a single text in countries with a written constitution. It is not codified. There might be hundreds of thousands of Administrative laws. Constitutional law establishes an Administrative body Administrative law defines its legal roles and limitations. Therefore, it can be seen as the action arm of Constitutional law. Constitutional law deals with the general principles relating to the organization and powers of various organs of the state and the relationship of these organs with the individuals.  Admin. Law deals with the organizations, powers, functions, and duties of administrative authorities The constitution describes the various organs of the government at rest Administrative law describes them in motion Constitutional law deals with the rights Administrative law focus on public needs

10. CONCLUSION & CASE LAWS Administrative law regulates institutions whose powers are delegated that are 'administrative institutions'. Constitutional law regulates those that do the delegating, i.e. institutions whose powers are not delegated but are, as it is sometimes put, inherent or original that is 'constitutional institutions'. It can be said that the Indian has written Constitution, which is the supreme law of the land. Administrative law is the subordinate to the Constitution. There is an additional ground on which administrative action can be challenged in special cases where legislative act if comes under purview of administrative order made in itself is unconstitutional as held in  State of Mysore v. H. Srinivasmurthy

11. A.R. Antulay v. R.S. Nayak (1988) 2 SCC 602 It was held that any aspect of administrative law does not differentiate between both the laws. the aspects are so broad to include various substantive aspects like public health, education etc. since, the Constitutional Law reflects such ideas for public welfare at large and hence, administrative law deals with them to further help in implementation. Sunil Batra II v. Delhi Administration (1980) 3 SCC 488 . Constitutional Law has power to monitor the three branches of the government and set a benchmark to the extent in which policies, rules and regulations can be formulated. S.R. Bommai v. Union of India , The court clarified that "proclamation of emergency under Article 356 on ground of failure of constitutional machinery is subjected to judicial review". So, it can be said that the Constitutional law embodies the Administrative law.

12. State of Bombay v Bombay Education Society It was held that Executive action established in India is protected through various ways. Considering example of subordinate legislation which is considered within the meaning of Article 13 which includes bye-laws regulations etc. but if it is ultra vires of Constitution then it can be struck down as held in Chandrakant Krishnarao Pradhan v Jasjit Singh . Rashid Ahmed v Municipal Board, Kairana It was held that any administrative action with no statutory basis can be held void and therefore, court has power to declare it void if any administrative policy or action violates Constitution.