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Mumbai University · Second Year LLB · Semester 3
Administrative Law vs Constitutional Law
Both are branches of public law; the distinction is one of degree, scope and focus, not of water-tight separation. Prof. Holland called constitutional law the law that regulates the organs of the State while at rest, and administrative law the law that regulates them while in motion.

Both are branches of public law; the distinction is one of degree, scope and focus, not of water-tight separation. Prof. Holland called constitutional law the law that regulates the organs of the State while at rest, and administrative law the law that regulates them while in motion.

PointConstitutional LawAdministrative Law
NatureDeals with the structure of the State and distribution of powers.Deals with the exercise of those powers in day-to-day administration.
ScopeWider — includes Fundamental Rights, DPSP, federalism, elections.Narrower — focused on administrative authorities, procedures and remedies.
SourcePrimarily the Constitution.Statutes, delegated legislation, judicial decisions, conventions.
FlexibilityRigid; amendment procedure stringent.Flexible; evolves with judicial decisions and executive practice.
Position of IndividualGuarantees rights.Protects rights through judicial review.
IllustrationComposition and powers of Union Executive (Arts. 52–78).Civil service recruitment, departmental procedure, delegated legislation.

Overlap: Articles 32, 226, 300, 311, 323A/B, 309 are provisions of constitutional law that are also fundamental to administrative law. Thus administrative law is now considered a sub-branch or specialised offshoot of constitutional law.

Holland: Constitutional law = State at rest; Administrative law = State in motion.