ALL POWER TENDS TO CURRUPT AND ABSOLUTE POWER CURRUPTS ABSOLUTELY

LORD ACTON

Administrative law is a division of law governing the activities of executive branch agencies of
government. Administrative law includes executive branch rulemaking (executive branch rules are
generally referred to as "regulations"), adjudication, and the enforcement of laws. Administrative law is
considered a branch of public law.

Administrative law deals with the decision-making of administrative units of government that are part of
the executive branch in such areas as international trade, manufacturing, the environment, taxation,
broadcasting, immigration, and transport.

Three pillars of Admin law are:

i) Legislative (who makes law)

While making laws legislator take into consideration Natural Justice, Rule of law (supremacy
of law and Basic structure
ii) Executives (who carried out laws, execute laws)
iii) Judicial (who keep checks on both above and monitor both functions) has power of Judicial
iv) Review of new laws, articles etc. Hearing and decisions on writ petitions.

NATURAL JUSTICE:

Natural justice is a legal concept that refers to the principles of fairness and equity that should be
followed when making decisions that affect people's rights or interests. It is based on the idea that
everyone has the right to be treated fairly and not be subjected to unjust treatment.

The principles of natural justice include:

Rule of Fair Hearing

 Audi alteram partem

This Latin phrase translates to "hear the other side". It means that a person cannot be condemned
without being given a fair chance to present their case and respond to the other side's arguments.

Rule against Bias

 Nemo iudex in causa sua

This Latin phrase translates to "no man can be a judge in his own case". It means that a person making a
decision cannot be biased or have an interest in the outcome. Bias may be:

Personal, Pecuniary, relating to subject matter etc

EXCEPTIONS TO PRINCIPA OF NATURAL JUSTICE

i. Statutory exclusions ( Tax exemptions for fata people but not for others)
 ii. Acadmic evaluation (e.g exam marks cant be equal
iii. Impracaticability ( During Martial laws)
iv. Emergency
v. Interim Deciplinary order ( like emergency declaration)

The rules of natural justice are applied in both common law and civil law jurisdictions. The exact
requirements of natural justice vary depending on the context and the extent to which the rights of an
individual are affected

RULE OF LAW:

Introduction

 The term ‘rule of law’ is derived from the French word ‘le principe de legalite’ which
means ‘the principle of legality’.

 Rule of law, also known as supremacy of law, means that no one (including government) is
above the law.

 The rule of law is a legal principle that law should govern a nation against arbitrary decisions
by government officials.

o Every person is subject to the jurisdiction of ordinary courts of law irrespective of their
position and rank.

Dicey’s Concept of Rule of Law

 Professor A.V. Dicey is known to be the main exponent of the concept of the rule of law.

 In 1885, he propounded three principles of the rule of law in his classic book ‘Law and the
Constitution’.

 According to Professor A.V. Dicey, to achieve the supremacy of law the following three
principles must be followed:

o Supremacy of the law

o Equality before the law

o Predominance of legal spirit: the court should be free from impartiality and external
influence.

Supremacy of Law

 This is the first pillar of Dicey’s concept of rule of law.

 The Rule of Law rejects all kinds of arbitrary and discretionary powers of the government or
public officials.
  It implies that a man may be punished for a breach of law, but he cannot be punished
for anything else.

Equality Before Law

 The second important pillar of Dicey’s concept of Rule of Law is Equality before Law.

 Dicey emphasizes the impartiality of law.

o It means that there shall be no distinction between the rich and the poor, officials and
non-officials, majority and minority, no one can be degraded, and no one can be
upgraded.

o Law gives equal justice to all.

 He is of the view that there should be the same set of laws for all the people, and they should
be adjudicated by the same courts.

Predominance of the Legal Spirit

 The third pillar of Dicey’s concept of Rule of Law is predominance of legal spirit.

 According to Dicey, for the prevalence of the rule of law there should be an enforcing
authority and that authority he found in the courts.

o He believed that the courts are the enforcers of the rule of law and hence it should be
free from impartiality and external influence.

 Independence of the judiciary is therefore an important pillar for the existence of the rule of
law.

Criticism of Dicey’s Concept

 Dicey has ignored the importance of the codification of laws.

 Codification of laws is important to ensure the rights of an individual as it

provides certainty, anything which is codified is certain and thus, could be followed more
effectively.

 He has misunderstood the concept of Droit administratif (the body of rules which regulate the
relations of the administration or of the administrative authority towards private citizens).

 According to him, the system was designed to protect the officials but in certain respects, it
was specifically effective in controlling the administration than the common law system.

Rule of Law in India

 Constitution of India, 1950 is the law of the land and prevails over the Judiciary, the
Legislature and the Executive.

o These three organs of the state have to act according to the principles engraved in the
constitution.
  Under the Constitution, the rule of law is incorporated in many of its provisions.

 Article 13 promotes the doctrine of Rule of Law in India.

o The “laws’’ defined under Article 13 as rules, regulations, byelaws and ordinances can
be struck down if they are contrary to the constitution of India.

 Article 14 guarantees the right to equality before law and equal protection of law.

o It states that no one shall be denied equality before the law and the equal protection
of the law by the state.

 In the Kesavananda Bharati v. State of Kerala (1973) case, the Supreme Court has included the
Rule of Law as the basic feature of the Constitution.

 In the Maneka Gandhi v. Union of India (1978) case, the SC in clear words observed that Article
14 strikes arbitrariness in State actions, ensures fairness and equality in treatment.

 Another significant derivative goof rule of law is judicial review.

o It is the power of the judiciary to examine the constitutionality of legislative

enactments and executive orders of both the Central and State governments.

 It not only protects constitutional principles but also checks administrative actions and its
legality.

o In the case of Shankari Prasad v. Union of India (1951), the power of judicial review
was established by the Supreme Court.

 The powers of judicial review are delegated to the High Courts under Article 226 and Article
227 and to the Supreme Courts under Article 32 and Article 136.

Modern Concept of Rule of Law

 In today’s scenario, Dicey’s concept of Rule of Law is not accepted in totality.

 The modern concept of the Rule of Law is fairly wide and therefore it sets up an ideal for any
Government to achieve.

 The modern idea of Rule of Law was formed by the International Commission of
Jurists, otherwise called the Delhi Declaration, 1959, which was later affirmed at Lagos in
1961.

 According to the Modern Concept, the ‘Rule of Law’ implies:

o Functions of the government in a free society should be so exercised in which

the dignity of a man as an individual is upheld.

o Effective government capable of maintaining law and order.

o No arrest without the authority of law, Legal aid, public trial and fair hearing and
Presumption of Innocence.
 o Independent Judiciary

 Thus, the rule of law in the modern sense ensures that there is encouragement of political
interest and where the criticism of the government is not only permitted but also given a
positive merit.

Exceptions to ‘Rule of Law’

 President and Governors are provided with some immunity through Articles 361, 361 (2), 361
(3) and 361 (4) of the Indian Constitution. Article 361 states that -

(1) The President, or the Governor or Rajpramukh of a State, shall not be answerable to any court for
the exercise and performance of the powers and duties of his office or for any act done or purporting
to be done by him in the exercise and performance of those powers and duties:

(2) No criminal proceedings whatsoever shall be instituted or continued against the President, or the
Governor of a State, in any court during his term of office

(3) No process for the arrest or imprisonment of the President, or the Governor of a State, shall
issue from any court during his term of office

(4) Any civil proceedings in which relief is claimed against the President, or the Governor of a
State, shall be instituted during his term of office in any court in respect of any act done or purporting
to be done by him in his personal capacity, whether before or after he entered upon his office as
President, or as Governor of such State, until the expiration of two months next after notice in writing
has been delivered to the President or Governor, as the case may be, or left at his office stating the
nature of the proceedings, the cause of action therefor, the name, description and place of residence
of the party by whom such proceedings are to be instituted and the relief which he claims.

 Immunity to Foreign Diplomats.

o The Vienna Convention on diplomatic relations of 1961 contains provisions in relation

to different immunities and privileges which are granted to the diplomatic envoys or
agents.

 Immunity to Supreme Court and High Court Judges including Article 121 of the Indian
Constitution which restricts the discussion on the conduct of such judges in Parliament.

Case Laws

 ADM Jabalpur v. Shivkant Shukla (1976)

o This case is also known as “Habeas Corpus case”. It is one of the most important cases
when it comes to rule of law.

o The question that was raised before the Hon’ble Court was whether there was any rule
of law in India apart from Article 21 of the Indian Constitution.

 DC Wadhva v. State of Bihar (1986)

 o The SC used the rule of law to decry state government which was too frequently using
its ordinance making power as a substitute of legislation by the legislature.

o The Court ruled that the re-promulgation of ordinances was unconstitutional as the re-
promulgation of the ordinances for a period of one to fourteen years without going to
the legislation was a colourable exercise of power by the executive.

 Yusuf Khan v. Manohar Joshi (2000)

o The SC has laid down the proposition that it is the duty of the State to preserve and
protect the laws and that it may not permit any violent act, which may negate the rule
of law.

EXCEPTONS TO RULE OF LAW

i. Executive Discretionary power

ii. Immunities and privileges

SEPARATION OF POWERS

Aristotle, Plato and Polybius are considered to have initiated ideas of separation of power.

Montesquieu

There would be an end of everythin if the same man or the same body exercise the three powers

Charles De Montesquieu presented the doctrine of separation of power

Doctrine of Separation of
Power
Same person should not part One organ should not interfere One organ should not exercise
form part of more than one of with ther orgasn of the other org
three organs of the
government

For example:

Presidential power, legislative power, Judicial power and and administrative opower
 DELEGATED LEGISLATION

Power delegated by legislator to Executives to make laws

Administrative law expanded greatly during the 20th century, as legislative bodies worldwide created
more government agencies to regulate the social, economic and political spheres of human interaction.

Civil law countries often have specialized administrative courts that review these decisions.

In the last fifty years, administrative law, in many countries of the civil law tradition, has opened itself to
the influence of rules posed by supranational legal orders, in which judicial principles have strong
importance: it has led, for one, to changes in some traditional concepts of the administrative law model,
as has happened with the public procurements or with judicial control of administrative activity and, for
another, has built a supranational or international public administration, as in the environmental sector
or with reference to education, for which, within the United Nations' system, it has been possible to
assist to a further increase of administrative structure devoted to coordinate the States' activity in that
sector

Common law (also known as judicial precedent, judge-made law, or case law) is the body of law
primarily developed through judicial decisions rather than statutes.[2][3] Although common law may
incorporate certain statutes, it is largely based on precedent—judicial rulings made in previous similar
cases.[4] The presiding judge determines which precedents to apply in deciding each new case.[4]

HISTORY

The common law—so named because it was "common" to all the king's courts across England—
originated in the practices of the courts of the English kings in the centuries following the Norman
Conquest in 1066.[8] Prior to the Norman Conquest, much of England's legal business took place in the
local folk courts of its various shires and hundreds.[8] A variety of other individual courts also existed
across the land: urban boroughs and merchant fairs held their own courts, and large landholders also
held their own manorial and seigniorial courts as needed.[8] The degree to which common law drew from
earlier Anglo-Saxon traditions such as the jury, ordeals, the penalty of outlawry, and writs – all of which
were incorporated into the Norman common law – is still a subject of much discussion. Additionally,
the Catholic Church operated its own court system that adjudicated issues of canon law.[8]

The main sources for the history of the common law in the Middle Ages are the plea rolls and the Year
Books. The plea rolls, which were the official court records for the Courts of Common Pleas and King's
Bench, were written in Latin. The rolls were made up in bundles by law term: Hilary, Easter, Trinity, and
Michaelmas, or winter, spring, summer, and autumn. They are currently deposited in the UK National
Archives, by whose permission images of the rolls for the Courts of Common Pleas, King's Bench, and
Exchequer of Pleas, from the 13th century to the 17th, can be viewed online at the Anglo-American Legal
Tradition site (The O'Quinn Law Library of the University of Houston Law Center).[50][51]
The doctrine of precedent developed during the 12th and 13th centuries,[52] as the collective judicial
decisions that were based in tradition, custom and precedent.[53]

The form of reasoning used in common law is known as casuistry or case-based reasoning. The common
law, as applied in civil cases (as distinct from criminal cases), was devised as a means
of compensating someone for wrongful acts known as torts, including both intentional torts and torts
caused by negligence, and as developing the body of law recognizing and regulating contracts. The type
of procedure practiced in common law courts is known as the adversarial system; this is also a
development of the common law.

Common law has a rich history that spans centuries, and its evolution has significantly influenced the
development of administrative law. Here's an overview:

# Early Beginnings (12th-15th centuries)

Common law originated in medieval England, where judges began to develop a body of law based on
custom, tradition, and court decisions. This marked a shift away from the Roman law that had dominated
Europe.

# Expansion and Growth (16th-18th centuries)

As the British Empire expanded, common law spread to its colonies, including the American colonies.
The 17th and 18th centuries saw significant developments in common law, with the establishment of the
English judiciary and the emergence of influential jurists like Sir Edward Coke.

# Emergence of Administrative Law (19th-20th centuries)

As governments grew and became more complex, administrative law began to take shape. The British
Parliament passed the Supreme Court of Judicature Acts (1873-1875), which established the modern
British court system and paved the way for administrative law.

# Key Milestones in Administrative Law

1. Ultra Vires Doctrine: Developed in the 19th century, this doctrine held that administrative actions
must be authorized by statute and that courts could review actions to ensure they were within the scope
of the statute.

2. Natural Justice: This principle, developed in the early 20th century, requires administrative decision-
makers to act fairly and impartially, providing individuals with a right to a hearing and an opportunity to
respond to allegations.
3. Judicial Review: The development of judicial review in the mid-20th century allowed courts to review
administrative decisions for legality, rationality, and procedural fairness.

# Modern Developments

Today, administrative law continues to evolve, with a growing focus on:

1. Human Rights: The incorporation of human rights principles into administrative law has led to
increased protections for individuals and a greater emphasis on fairness and transparency.

2. Procedural Fairness: Courts have developed more nuanced understandings of procedural fairness,
including the right to a hearing, the right to reasons, and the right to an impartial decision-maker.

3. Executive Power: The growth of executive power has raised concerns about the need for stronger
checks and balances, leading to increased scrutiny of administrative decisions and a greater emphasis on
accountability.

In Pakistan, the history of common law and administrative law has been shaped by the country's colonial
past and its post-independence development. The Pakistani judiciary has played a significant role in
shaping administrative law, with a focus on ensuring accountability, transparency, and fairness in
government decision-making.

2. General Principles of Admin Law

Administrative law is guided by several key principles that aim to ensure that government agencies and
officials act in a fair, transparent, and accountable manner. Here are some of the main principles of
administrative law:

1. Rule of Law

The rule of law principle requires that government agencies and officials act in accordance with the law
and not arbitrarily.

2. Separation of Powers

The separation of powers principle ensures that power is divided among the legislative, executive, and
judicial branches of government, preventing any one branch from becoming too powerful.

3. Judicial Review
Judicial review allows courts to review administrative decisions to ensure they are lawful, reasonable,
and procedurally fair.

4. Natural Justice

Natural justice, also known as procedural fairness, requires that administrative decision-makers act fairly
and impartially, providing individuals with a right to a hearing and an opportunity to respond to
allegations.

5. Ultra Vires

The ultra vires doctrine holds that administrative actions must be authorized by statute and that courts
can review actions to ensure they are within the scope of the statute.

6. Proportionality

The proportionality principle requires that administrative decisions be proportionate to the aim being
pursued.

7. Transparency

Transparency requires that government agencies and officials be open and accountable in their decision-
making processes.

8. Accountability

Accountability requires that government agencies and officials be responsible for their actions and
decisions.

9. Legitimate Expectations

The legitimate expectations principle requires that administrative decision-makers respect the legitimate
expectations of individuals and groups.

10. Reasonableness

11. justice

12. Democracy

13. Ligitimacy
The reasonableness principle requires that administrative decisions be reasonable and rational.

3. Administrative law in accordace to social welfare ??

Administrative law plays a crucial role in ensuring the effective implementation of social welfare policies
and programs in a social welfare state. Here are some key aspects:

Principles

1. Social Justice: Promote equal access to social welfare benefits and services.

2. Welfare Maximization: Maximize social welfare and promote citizen well-being.

3. Participation and Inclusion: Ensure citizen participation in decision-making processes.

4. Accountability and Transparency: Ensure government accountability and transparency.

Key Features

1. Administrative Procedures: Establish clear and fair procedures for accessing social welfare benefits.

2. Discretionary Powers: Grant administrative officials discretionary powers to make decisions based on
individual circumstances.

3. Judicial Review: Allow for judicial review of administrative decisions to ensure lawfulness,
reasonableness, and fairness.

4. Public Participation: Establish public participation mechanisms, such as public hearings and
consultations.

Examples

1. Social Security Appeals: Establish appeals processes for social security benefits.

2. Public Housing Allocation: Allocate public housing based on individual circumstances and priorities.

3. Healthcare Access: Ensure equal access to healthcare services, regardless of financial situation or
social status.
Challenges

1. Balancing Individual Rights and Collective Interests: Balance individual rights with collective interests
in social welfare policies.

2. Ensuring Accountability and Transparency: Ensure government accountability and transparency in

social welfare programs.

3. Addressing Inequality and Discrimination: Address inequality and discrimination in social welfare
policies to ensure equal access to benefits and services.

role of state in reference to doctrine of lassez - faire

Laissez-faire is a French phrase that translates to “allow to do.” It refers to a political ideology that rejects
the practice of government intervention in an economy. Further, the state is seen as an obstacle to
economic growth and development. The role of the state in the doctrine of laissez-faire is to protect
people and their property from fraud and force.

Laissez-faire is a policy that was prevalent in the classical political economy era

The doctrine of laissez-faire is an economic philosophy that advocates for minimal government
intervention in economic matters. The role of the state in a laissez-faire system is limited to:

Basic Functions

1. Protection of Property Rights: The state ensures the protection of private property rights, contracts,
and individual freedoms.

2. Maintenance of Law and Order: The state maintains law and order, providing a stable environment for
economic activity.

3. National Defense: The state is responsible for national defense, protecting the country from external
threats.

Non-Intervention in Economic Matters

1. No Economic Regulation: The state does not regulate economic activity, such as prices, wages, or
production.

2. No Government Ownership: The state does not own or operate businesses, leaving economic activity
to the private sector.

3. No Social Welfare Programs: The state does not provide social welfare programs, such as
unemployment benefits, healthcare, or education.

Criticisms and Limitations

1. Income Inequality: Laissez-faire economics can lead to significant income inequality, as those who are
already wealthy have more opportunities to accumulate more wealth.

2. Market Failures: The lack of government regulation can lead to market failures, such as monopolies,
environmental degradation, and financial crises.

3. Social Unrest: The absence of social welfare programs can lead to social unrest, as those who are
struggling may feel abandoned by the state.

Evolution of the Role of the State

Over time, the role of the state in economic matters has evolved, and many countries have moved away
from a pure laissez-faire approach. Modern governments often play a more active role in regulating the
economy, providing social welfare programs, and addressing market failures.

Dicey’s rule of law and Droit administrative (

Dicey's Rule of Law

1. Supremacy of Law: Law is supreme, and all individuals, including government officials, are subject to
it.
2. Equality Before the Law: All individuals are equal before the law, and no one is above the law.

3. Protection of Individual Rights: Law protects individual rights and freedoms, and individuals have
recourse to courts to enforce these rights.

Droit Administratif (French Administrative Law)

1. Separation of Powers: Clear separation between legislative, executive, and judicial branches.

2. Administrative Courts: Specialized courts (e.g., Conseil d'État) deal with administrative disputes.

3. Principle of Legality: Administrative actions must be based on clear legal foundation and not exceed
powers granted by law.

Key Differences

1. Common Law vs. Civil Law: Dicey's Rule of Law is rooted in common law, while Droit Administratif is
part of civil law tradition.

2. Judicial Review: Dicey's Rule of Law emphasizes judicial review, while Droit Administratif relies on
specialized administrative courts.

3. Scope of Administrative Power: Droit Administratif provides more detailed rules and guidelines for
administrative power, while Dicey's Rule of Law focuses on general principles.

Key Similarities

1. Protection of Individual Rights: Both emphasize protection of individual rights and freedoms.

2. Supremacy of Law: Both recognize law as supreme and binding on all individuals and government
officials.

3. Accountability: Both provide mechanisms for holding administrative authorities accountable for their
actions.

In summary, while both Dicey's Rule of Law and Droit Administratif share common goals, such as
protecting individual rights and ensuring accountability, they differ in their approach, scope, and
emphasis.
Dicey's theory of the rule of law in the common law tradition is relevant to droit administratif. Dicey's
rule of law is based on three principles:

 Supremacy of law

Regular law should be the absolute authority, not arbitrary power or discretionary power.

 Equality before law

The law should be impartial, and everyone should be treated equally, regardless of their wealth, status,
or other factors.

 Predominance of legal spirit

The courts should be free from external influence and impartial enforcers of the rule of law.

Some other principles of the rule of law include:

 The law should be accessible, clear, and predictable.

 Legal rights and liabilities should be decided by the law, not discretion.

 The law should apply equally to everyone, unless there's a justifiable reason.

 The law should protect basic human rights.

 Civil disputes should be resolved without excessive delays or legal costs.

 The executive should use their powers reasonably, in good faith, and for the proper purpose.

 There should be procedural fairness in adjudication.

 The state should comply with international law.

historical development administrative law in different countries

The historical development of administrative law has varied across different countries, reflecting their
unique constitutional, political, and social contexts. Here's a brief overview:

United Kingdom

1. Early Beginnings: Administrative law in the UK has its roots in the 17th-century common law.
2. Dicey's Rule of Law (1885): Albert Venn Dicey's work emphasized the importance of judicial review
and the rule of law.

3. Expansion of Administrative Powers ( Late 19th-Early 20th centuries): As the UK's administrative state
grew, so did the need for more formalized administrative law.

4. Post-WWII Reforms: The UK's administrative law framework was reformed, with the establishment of
the Council on Tribunals (1958) and the creation of the Administrative Court (2000).

France

1. Napoleonic Era ( Late 18th-Early 19th centuries): The Napoleonic Code (1804) laid the foundation for
France's administrative law.

2. Droit Administratif (19th century): French administrative law developed as a distinct field, with the
establishment of the Conseil d'État (1799) and the creation of administrative courts.

3. Post-WWII Reforms: France's administrative law was reformed, with the establishment of the
Administrative Court of Appeal (1953) and the creation of the Commission Nationale de Déontologie de
la Sécurité (2011).

United States

1. Early Beginnings: Administrative law in the US has its roots in the Constitution (1787) and the early
federal statutes.

2. Expansion of Administrative Powers ( Late 19th-Early 20th centuries): As the US's administrative state
grew, so did the need for more formalized administrative law.

3. New Deal Era (1930s): The New Deal programs and agencies led to a significant expansion of
administrative law.

4. Administrative Procedure Act (1946): The APA established standardized procedures for administrative
agencies and provided a framework for judicial review.

Germany

1. Early Beginnings: Administrative law in Germany has its roots in the Prussian General Law (1794) and
the German Empire's administrative law (1871).
2. Weimar Republic (1919-1933): The Weimar Constitution established a framework for administrative
law, including the creation of administrative courts.

3. Post-WWII Reforms: Germany's administrative law was reformed, with the establishment of the
Federal Administrative Court (1952) and the creation of the Administrative Procedure Act (1976).

India

1. Early Beginnings: Administrative law in India has its roots in the British colonial era, with the
establishment of the Indian Civil Service (1858).

2. Post-Independence Reforms: India's administrative law was reformed, with the establishment of the
Administrative Tribunals Act (1985) and the creation of the Central Administrative Tribunal (1985).

3. Judicial Review: The Indian judiciary has played a significant role in shaping administrative law, with
landmark cases like the Rajya Sabha's judgment on the scope of judicial review (1994).

Australia

1. Early Beginnings: Administrative law in Australia has its roots in the British colonial era, with the
establishment of the Australian Constitution (1900).

2. Post-WWII Reforms: Australia's administrative law was reformed, with the establishment of the
Administrative Appeals Tribunal (1975) and the creation of the Freedom of Information Act (1982).

3. Judicial Review: The Australian judiciary has played a significant role in shaping administrative law,
with landmark cases like the High Court's judgment on the scope of judicial review (1985).

These brief overviews illustrate the unique historical developments of administrative law in different
countries, reflecting their distinct constitutional, political, and social contexts.

he historical development of administrative law in Pakistan is closely tied to the country's colonial past,
its independence in 1947, and the subsequent evolution of its constitutional and legal framework. Here's
a brief overview:

Colonial Era (1849-1947)

1. Introduction of British Law: The British colonial powers introduced their own legal system, including
administrative law principles, in India (which included present-day Pakistan).

2. Establishment of Administrative Courts: The British established administrative courts, such as the
Board of Revenue, to deal with administrative disputes.

Post-Independence Era (1947-1956)

1. Inheritance of British Law: After independence, Pakistan inherited the British legal system, including
administrative law principles.

2. Establishment of the Federal Court: The Federal Court was established in 1949, which later became
the Supreme Court of Pakistan.

Constitutional Era (1956-1973)

1. First Constitution: Pakistan's first constitution was adopted in 1956, which established the principles of
administrative law.

2. Establishment of Administrative Tribunals: The constitution provided for the establishment of

administrative tribunals to deal with administrative disputes.

Martial Law Era (1977-1985)

1. Martial Law Regulations: During General Zia-ul-Haq's martial law regime, various regulations were
promulgated, which affected administrative law.

2. Establishment of the Federal Shariat Court: The Federal Shariat Court was established in 1980 to
ensure that laws were in conformity with Islamic principles.

Post-Martial Law Era (1985-Present)

1. Restoration of Democracy: With the restoration of democracy in 1985, Pakistan's administrative law
continued to evolve.

2. Establishment of the Supreme Court's Judicial Review Jurisdiction: The Supreme Court's judicial review
jurisdiction was established, allowing it to review administrative decisions.
3. Enactment of Administrative Laws: Various administrative laws, such as the Civil Servants Act (1973)
and the Administrative Tribunals Act (1987), were enacted to regulate administrative matters.

Key Developments and Challenges

1. Judicial Activism: The Pakistani judiciary has played a significant role in shaping administrative law
through judicial activism.

2. Corruption and Mismanagement: Corruption and mismanagement have been persistent challenges in
Pakistan's administrative law framework.

3. Devolution of Power: The 18th Amendment to the Constitution (2010) devolved power from the
federal government to the provinces, affecting administrative law.

Pakistan's administrative law has evolved significantly since independence, influenced by its colonial
past, constitutional developments, and judicial activism. However, challenges persist, and ongoing efforts
are needed to strengthen the framework and ensure effective governance.

The separation of powers is a fundamental concept in constitutional law that divides power among three
branches of government: the legislative, executive, and judicial. Administrative law, which governs the
relationship between the state and individuals, is deeply connected to the separation of powers. Here's
how:

Legislative Power

1. Lawmaking: The legislative branch creates laws that establish the framework for administrative action.

2. Delegation of Power: The legislature delegates power to administrative agencies to implement and
enforce laws.

3. Oversight: The legislature exercises oversight over administrative agencies to ensure they act within
their delegated powers.

Executive Power

1. Implementation: The executive branch, through administrative agencies, implements and enforces
laws.
2. Discretionary Power: Executive officials exercise discretionary power in decision-making, which may
be subject to judicial review.

3. Accountability: The executive branch is accountable to the legislature and the judiciary for its
administrative actions.

Judicial Power

1. Judicial Review: The judiciary reviews administrative decisions to ensure they are lawful, reasonable,
and fair.

2. Interpretation of Laws: The judiciary interprets laws and regulations to determine their meaning and
application.

3. Protection of Individual Rights: The judiciary protects individual rights and freedoms by ensuring
administrative actions comply with the constitution and laws.

Implications for Administrative Law

1. Checks and Balances: The separation of powers provides checks and balances on administrative
action, preventing any one branch from abusing its power.

2. Accountability: The separation of powers ensures accountability of administrative agencies to the

legislature, judiciary, and the public.

3. Protection of Individual Rights: The separation of powers protects individual rights and freedoms by
ensuring administrative actions are subject to judicial review and oversight.

Challenges and Reforms

1. Executive Dominance: The executive branch may dominate the administrative process, leading to
concerns about accountability and individual rights.

2. Judicial Activism: The judiciary may be criticized for judicial activism, where judges overstep their
authority and interfere with administrative decisions.

3. Reforms: Reforms, such as the creation of independent administrative tribunals or the strengthening
of legislative oversight, can help maintain the balance of power and protect individual rights.
dministrative law and constitutional law are two fundamental areas of law that govern the relationship
between the state and individuals. Here's a brief overview of each field and their differences:

Administrative Law

1. Definition: Administrative law governs the relationship between the state and individuals in the
context of administrative decision-making.

2. Scope: It deals with the organization, powers, and procedures of administrative agencies, as well as
the rights and duties of individuals affected by administrative decisions.

3. Key Principles: Rule of law, natural justice, fairness, transparency, and accountability.

4. Examples: Licensing, permitting, taxation, social welfare benefits, and environmental regulation.

Constitutional Law

1. Definition: Constitutional law deals with the interpretation and application of a country's constitution,
which sets out the fundamental principles and structures of government.

2. Scope: It governs the relationship between the state and individuals in terms of fundamental rights,
freedoms, and the distribution of power among government branches.

3. Key Principles: Separation of powers, federalism, individual rights, and the rule of law.

4. Examples: Freedom of speech, right to a fair trial, equality before the law, and the division of powers
between the legislative, executive, and judicial branches.

Key Differences

1. Focus: Administrative law focuses on the administrative process and decision-making, while
constitutional law focuses on the fundamental principles and structures of government.

2. Scope: Administrative law is narrower in scope, dealing with specific administrative decisions and
actions, while constitutional law is broader, dealing with the overall framework of government and
individual rights.

3. Principles: While both areas rely on the rule of law, administrative law emphasizes fairness,
transparency, and accountability, whereas constitutional law emphasizes individual rights, freedoms, and
the separation of powers.
4. Enforcement: Administrative law is often enforced through administrative tribunals and courts, while
constitutional law is enforced through the judiciary, particularly the highest courts in the land.

In summary, administrative law deals with the administrative process and decision-making, while
constitutional law deals with the fundamental principles and structures of government. Both areas are
essential for ensuring that the state acts in accordance with the law and respects individual rights and
freedoms.