Interim Project Report on : A detailed study on-

Constitutional Law, Precedents and Reports by

Committees and Commission are sources of Administrative law

Submitted By

Mohammad Faaiz Irfan

PRN : 16010324236

Mohit Mukul

PRN: 16010324237

BBA.LLB, Division - C

Symbiosis Law School, Hyderabad

Symbiosis International (Deemed University) , Pune

Under the guidance of

Dr. Priyanka R. Mohod

In the month of

August 2018

Administrative Law

Introduction
Many people across era, culture and under different contexts have tried to define administrative
law in their own words, each definition being a reflection of their understanding and their take on
the complex term. In laymen’s terminology, Administrative Law is any law which was created by
the government via its agency for the purpose of public administration or self-governance. The
very nature of this law pertains to the administrative authorities required for the proper
functioning of the nation state. Although on paper it’s a complex set of rules paving the road for
the government to function they are in essence a philosophy being developed by philosophers,
theorists, and legal minds for generations as to create a perfect concoction of laws pre-requisite
for any government to be fair, rational, consistent with the law of the land and transparent in its
working to the people it serves. Administrative laws also ensure that the rights and liberties
provided to the public are protected and preserved from the Arbitrary inclinations of the
government.

At the time of the development of the Constitution, it was believed that the would-be Supreme
Law of the Land would be structurally incomplete without the foundation of the procedure of the
duties and the responsibilities of the government as well as the methods of its workings. Hence
to add an element of certainty to the working of the government and in order to differentiate it
from arbitrary decision-making fallacies, Articles were included in the Constitution that would
cover all the pertinent aspects of the administrative functions of the Government although there
were no direct laws created.

For effective administration, the government was divided into hierarchy of State and Central
jurisdiction for better managing the activities regarding the administration and maintenance of
law and order. Administrative agencies were created out of the government namely, Executive,
Judiciary and Legislature.

Amongst the major problem plaquing the administrative domain is the inexistence of any
codified body of law that can be used to understand and interpret the administrative functions
and laws with certainty. This lack of codification is the sole reason for much of the debate in this
field of law leading to factors resulting in undesirable consequences.
Hence to fill this gap, the judiciary and the legislature by way of examining precedents and
reports by committee’s setup for the sole reason of studying and understanding the problem
regarding administration have taken up the mantel of defining the Administrative law.

The reports of Law Commission as well as the case studies done by different committees and
teams appointed by the judiciary has proven to be of significant importance in understanding the
problem of administration since, the reach of these teams to the root level of the society has
enabled them the privilege of a perspective and these coupled with excerpts from the past in the
form of precedents have proven to be of invaluable importance in the formation of a codified
administrative structure.

Objectives

1) To understand the need for Administrative laws in the nation from the context of
maintaining law and order.
2) To understand the role of precedents and their efficacy in the evolution of Administrative
Law in the country.
3) To understand the role of different committees appointed under the government to
conduct survey and draft report on the shortcomings of Administrative Law.
4) To look into the definitions and concepts of administrative laws in other nations for
gaining a better perspective in its developments in the future.

Hypothesis/ Research Questions

The Hypothesis being put forward in this instant case is that Precedents, reports by commissions
and committees as well as the principles of the Constitutional Law are of profound importance in
the formation and development of Administrative Law. For the stated hypothesis some secondary
questions pertaining to the context of the domain of Administrative Law will also be answered
during the course of the Research Project.
Research Methodology

The research conducted for this project has been meticulous and thorough in nature. For the most
part, we have used secondary sources in the form of books and journals (Online and Offline ) on
the subject matter, for the sole reason that these sources are reliable and authentic in nature and
also, they are available easily. The research that has been conducted is consistent with the
objectives of the research project.

Review of literature

As mentioned earlier, the literature that is available on the existing subject is quite vast, but some
lacunae have been identified in the existing literature, and our focus is on fulfilling the gaps that
are present in the existing literature, and to recommend some suggestions for the same. Also, the
literature present is not exactly related to the objectives we have set out in our research paper, i.e.
the importance of Constitutional Law, Precedents, as well as the Submissions of the
Commissions and Committees appointed by the Judiciary or the legislature. So, we will be using
only the relevant part of the existing literature on the subject matter, and hopefully we will be
making some meaningful additions to the plethora of existing information on the topic.