Meaning and Scope of Droit Administratif
Droit administratif refers to the branch of public law that regulates the powers, duties, and functions of administrative authorities. It mainly governs the relationship between the State and individuals when the State exercises public power. This concept originated in France and later influenced many legal systems. In India, the Constitution indirectly incorporates administrative law principles. Articles 12 and 14 define the State and impose a duty to act fairly and equally. Therefore, administrative authorities must avoid arbitrariness. Moreover, Article 226 empowers High Courts to control administrative action through writs. Thus, droit administratif ensures legality, fairness, and accountability. It protects citizens from misuse of power while allowing administration to function efficiently.
Sources and Principles of Administrative Law
Administrative law derives authority from the Constitution, statutes, judicial decisions, and delegated legislation. Constitutional remedies under Articles 32 and 226 allow courts to check unlawful administrative actions. Moreover, statutes like the Administrative Tribunals Act, 1985 provide specialized forums for service disputes. The core principles include the rule of law, natural justice, and judicial review. Therefore, authorities must follow audi alteram partem and avoid bias. Courts actively enforce these principles to prevent injustice. Consequently, administrative law balances governmental efficiency with individual rights. It ensures that power serves public interest rather than personal or political motives.
Control of Administrative Action
The law controls administrative action through legislative, executive, and judicial mechanisms. Parliament exercises control through questions, debates, and committees. Meanwhile, the executive ensures discipline through supervision and internal review. However, judicial control remains the strongest safeguard. Courts actively review administrative actions under Articles 32 and 226. They strike down decisions that violate fundamental rights or exceed legal limits. Thus, judicial review prevents arbitrariness and abuse of discretion. As a result, administrative authorities remain accountable. This structured control strengthens democracy and reinforces constitutional values.
Realtime Example of Administrative Law in Action
Consider a situation where a municipal authority demolishes a shop without issuing notice. Such action directly violates natural justice. Therefore, the affected person can approach the High Court under Article 226. Courts often quash such orders for lack of due process. Similarly, authorities cannot cancel licenses or blacklist contractors without giving reasons. Consequently, droit administratif protects citizens in daily governance matters. This example clearly shows how law controls administrative power in real life.
Mnemonic to Remember Droit Administratif
Use the mnemonic “LEGAL” to remember droit administratif. L stands for Legality of action. E represents Equality under Article 14. G means Government accountability. A refers to Administrative fairness. L signifies Legal remedies through writs. Therefore, “LEGAL” helps recall the core purpose of administrative law quickly. It simplifies revision for exams and interviews.
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