Important Definitions

1. Sir Ivor Jennings (The Law and the Constitution, 1959): “Administrative law is the law relating to the administration. It determines the organisation, powers and duties of administrative authorities.” Criticism: too wide; silent on remedies.
2. K.C. Davis: “Administrative law is the law concerning the powers and procedures of administrative agencies, including especially the law governing judicial review of administrative action.” Best modern definition.
3. Prof. H.W.R. Wade: “Administrative law is the law relating to the control of governmental power.”
4. Dicey (Law of the Constitution, 1885): Denied the existence of a distinct administrative law in England, equating it with the French Droit Administratif. His view is now regarded as outdated.
5. Prof. Garner: “Administrative law is that branch of public law dealing with the composition, powers, duties, rights and liabilities of the various organs of government engaged in administration.”
6. M.P. Jain & S.N. Jain: It deals with the structure, powers and functions of the organs of administration, the limits of their powers, the methods and procedures followed by them, and the remedies available to a person aggrieved.

Sources of Administrative Law in India

1. Constitution of India — Articles 32, 136, 226, 227, 300, 309–311, 323A, 323B. The Constitution is the paramount source.
2. Statutes — Administrative Tribunals Act 1985, RTI Act 2005, Lokpal & Lokayuktas Act 2013, CVC Act 2003, General Clauses Act 1897.
3. Delegated / Subordinate Legislation — rules, regulations, bye-laws, notifications.
4. Judicial Decisions / Precedents — Article 141; doctrines of natural justice, Wednesbury unreasonableness, proportionality.
5. Reports of Commissions & Committees — Law Commission Reports, Franks Committee (UK), Donoughmore Committee (UK), Second ARC.
6. Conventions, Customs and Usages — administrative practice.