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Critical Analysis of Indian Administrative Law Formation

Due to no set area and region, administrative law is an ever-developing doctrinal domain. In the freshly invented and explored age of democracy, the concepts of Indian Administrative Law are evolving. Much of the portion of Indian Administrative Law is unwritten but its meaning can be interpreted under ordinary legislation of the Constitution, even the courts and tribunals have also been simultaneously making their own legislation and are now increasing pace.

With the various bodies and parties, Indian Administrative Law has various sorts of images. In the meantime, per the law revolutionaries, Indian Administrative Rule has a significant development in terms of judicial review, though it is a messy and complicated area that needs noticeable work. It has pioneered vast fields for study in academics. We may claim it honors "Rule of Law"-based state and society by examining through every image and domain that Indian Administrative Rule has. Based on how the judiciary can perceive its values, its theories, and the significance of the rule of law differs from time to time.

The fast expansion of administrative law is perhaps the most prominent and significant advancement of the modern nation state. It is possible to view the development which occurred in the 20th century as a radical shift. The state's position and duties have witnessed a drastic shift. State roles are multiplying. Today’s modern functioning state operates as a progressive democratic state to ensure that the basic needs of people are completely addressed by the government.

As for maintaining social peace and stability, regulating over-production, manufacturing and distributing necessary goods, ensuring fair pay for equal work, the modern state must focus on fixing the slums, education and health of people until their presence within the nation. The degree and complexity of administrative law has been increased by this form of growth. It is the rule which regulates the responsibilities, powers and also the execution of those forces.

The authorities are prohibited by administrative law from using their powers in an oppressive manner. Determination of the factors responsible for the growth of administrative law to help examine if the administrative authorities have experienced such development in an effective way, administrative law has established standards that help maintain the lawful, fair and effective functioning of administrative or community authorities.

Administrative laws were developed in the Indian paradigm over a span of years by lawfully modified concepts and legislative acts. Through this research the researchers studied the development of Indian administrative law. The creation of Indian administrative law could be narrowly divided into Ancient Indian Administrative Law Formulation, Modern Indian Administrative Law Formulation and Contemporary Indian Administrative Law Formulation, in the perspective of Prof. Upendra Baxi[i].

In the opinions of the researchers, however a Modern Contemporary Indian Administrative Law Formulation is presently in operation. The phases are further discussed by the writers in detail. With a concise summary to the topic as well as the chronicle of administrative law and its operation, this paper focuses on interpreting the causes for the development of administrative law, from which a good comprehension of administrative law can be obtained and the requirement for administrative law could also be understood.

Definitions Of Administrative Law

According to Dr. F.J. Port-“Administrative law is made up of all these legal rules either formally expressed by statute or implied in the prerogative-which have as their ultimate object the fulfillment of public law”[ii]

Ivor Jennings defines Administrative law as the “law relating to the administration. It determines the organization, powers and duties of the administrative authorities”. This is the most widely accepted definition.[iii]

According to Wade, “administrative law is the law relating to the control of Governmental power. The primary object of administrative law is to keep powers of the government with in their legal bounce so as to protect the citizens against their abuse. The powerful engines of authority must be preventive from running amok”.[iv]

According to 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”.

Role Of Admistrative Rules

By providing a method of regulating regulatory powers that are employed, administrative legislation has been maintained. A balancing between rights and public obligations is built by administrative law. If we are aware, a conflict among power and equality occurs everywhere there is indeed a society. "Although there are threats of exploitation in the exercise of powers. It is not to do something on the one hand, and then let the popular Matsanayaya (big fish eats small fish) dominate.

Cooperation is the best way to combat this. Administrative legislation acknowledges excessive force and acts of war." There has been a substantial increase in technology and science and modernized developments, along with an improvement in the amount of work, standard of living expectations of people." We are conscious of socio-political and multifaceted problems which cannot be resolved but are met with technological growth by people, "Administrative growth and regulatory law of administration."

Chronicle Of Administrative Law

Administrative legislation is not a statute that is formalized, recorded or well-defined. It is a statute that is simply undefined or un-coded. In even earlier civilizations, the facts of administrative law can be shown. Monarchs and administrators regulated and followed the notion of dharma.

The rulers and officials embraced the fundamental values of natural fairness and fairness as the government can be operated only on those values approved by dharma, but there was no institutional rule in nature in the way in which it has been practiced nowadays. The government's responsibilities were expanded following the creation of the British Empire and the law of British India. The British parliament has announced several acts, statutes and laws governing public health and safety, education, morality, transport and labor rights[v]. The practice of issuing administrative licenses started with the 1861 Stage Carriage Act of the state.

Underneath the Bombay Port Act, 1873, the very first community company was set up. The Northern India Canal and Drainage Act, 1873 and the Opium Act, 1878 approved assigned legislation. The Indian Explosives Act, 1884, took necessary and appropriate measures to control the exchange and trade in explosive materials. Arrangements were rendered in several laws about the keeping of licenses and permits and the resolution of conflicts by regulatory bodies and tribunals.

In the current century, the administration's economic and social policies have had a major impact on citizens' individual rights, such as housing, jobs, infrastructure, employment, health, utilities, pensions, the development of products, etc. Conventional regulatory and legal processes have not been able to address these problems efficiently. This led to an increase both in assigned laws and in tribunalization. In this way, administrative law had become a living topic.

After sovereignty, the government's operations and roles have grown significantly. Major social protection steps were introduced for anyone working in manufacturing within the Trade Disputes Act, 1947, the Minimum Wages Act, 1948, the Factories Act, 1948, and the Workers State Insurance Act, 1948. Under the Constitution of India, the ideology of a welfare system was clearly expressed.

There are clauses in the charter itself to ensure social, political and economic fairness, equal protection under the law and opportunities for all people. The possession and management of society's economic assets can be so impaired that the general interest is better served. The functioning of the market structure should not contribute to the accumulation of assets and methods of output among the few. The Government has the power to enforce fair limits, including on the basic freedoms granted by the Constitution, for the execution of all objects. The judiciary began to take into account the goals and values of social justice when evaluating all these statutes and the constitutional provisions.[vi]

In Joseph Kuruvilla Vellukunnel v. RBI[vii], the Apex Court stated that the Reserve Bank had been the sole decider underneath the Banking Companies Act, 1949, to determine if the activities of a financial institution were being operated in a manner contrary to the welfare of depositors and the courts had no alternative but to issue a winding judgment as demanded by the central bank. The Apex Court noted in Javid Rasool Bhat vs. J&K State that a representative of the Chosen Panel can also ask pointless questions to examine the ability of applicants to identify irrelevance.[viii]

Ancient Administrative Law Formulation

Post-independence, our nation did not have many administrative law rules, and the framework of administrative legislation and arbitration persisted in India for a really long period[ix] while the Ancient Indian Administrative Law Formulation. In the era of the declaration of Legislative independence, the Ancient Indian Administrative Law Formulation was mainly established. dIt claimed that there is a unconditional authority with the Legislature to rewrite the Legislations; which had been noted in the two main decisions; first of, the immense powers of assigned approval were acknowledged in Re, Delhi Laws Act, 1912[x], with a conscientious provision that "essential characteristics" of legislative authority defined as power of public policy followed by the appropriation of sanctions-cannot be assigned. The courts may not imply "non-negotiable" characteristics at an early stage by using the phrase "essential characteristics of legislative authority
.
Secondly, Ram Jawaya Kapur v. State of Punjab[xi], in which the Jury acknowledged that on one side, the significance of the concept of division of authorities in a groundbreaking judgment in which it was stated that the Indian constitution does not consider the assertion of any one institution or portion of duties that are fundamentally dependent of another. Then in R.K. Dalmia v. Justice Tendulkar[xii], S.R. Das established the Basic Principle of Classified Doctrine wherein the absence of a fair or appropriate classification, a statutory act or an administrative act may be treated as a violation of the fairness enshrined in Article 14. The two-fold check proposed was that of comprehensible distinction and the connection between the target of the legislation and the distinction.

Therefore we can claim that in the Creation Period of Ancient Indian Administrative Law, that usually persisted until 1977, we saw the generous bonuses given to us by first-generation Apex Court judges such as the theories of audi altrem partem, nemo judex in cusa sua, theory of essential function, doctrine of fair distinction, etc. The notion that perhaps the Indian rule of law applies not only to the concept of the rules by purpose, but also to the rule of purpose.

Thus to summarize, we could see in the Creation Era of Ancient Indian Administrative Law, when we didn't have many administrative law concepts, the court gave out different administrative law ideals over a plurality of court rulings, some of which were listed in the arguments above. During the period of the ancient Indian Administrative Law Creation Period, these legal concepts were expanded by the Courts over a multitude of instances in the Modern Indian Administrative Law Formulation.

Modern Indian Administrative Law Formulation

The Modern Administrative Law Formulation could be traced to the social conscience uprising after 1977 belonging to the answer of emergency enforced by the Indira Gandhi government. [xiii] During that period, the court expanded all the legal rules which had developed at the period of the ancient Indian Administrative Legislation.

Keshavananda Bharti v. Union of India's [xiv] historic decision, in which the Hon'ble Apex Court expanded the concepts of In Re Delhi Laws Act, 1912,[xv] 'important function' doctrine, set down the iconic basic structure theory. The court ruled that the 'basic framework' was established by those values so intrinsic in the law that the parliament could not change them, e.g. division of power, democracy, secular values, etc.

Likewise, in the instance of E.P. Royappa v. Tamil Nadu State [xvi], the judiciary expanded the scope of the principle of fair distinction and set down the criterion of non-arbitrariness, and subsequently in the instance of Maneka Gandhi v. Union of India[xvii], whereby the concepts of non-arbitrariness have been expanded into fairness mentioned in Article 14. Therefore, in the above judgments, the court established the principle of non-arbitrariness that would make an action ultra-vires

Contemporary Indian Administrative Law Formulation

The roots of the development of current Indian law could be tracked back to the start of the modern economic policy regime post-1991[xviii]. The domain of current Indian administrative law development, as per Prof. Upendra Baxi, is the supremacy of the 'interest of the public over the private individuals concern.'

There are many legal assertions that would confirm, in a way, the claim that the prevailing consequence of the interest of the public is at the detriment of the personal interests. The instance of M.P Mathur v. DTC[xix], for example, the Apex Court, gave public benefit supremacy over personal interests, finding the former as a higher equity.

The Court Ruled that suprema lex is the public benefit that may overcome personal equity. Implementing the very same concept in the light of the circumstances, it required the Delhi Transport Undertaking to retreat from the commitment as its tenements were required to provide lodging for the current workforce that had agreed to move tenements held by it but provided to the staff on their retirement.

Advent Of Administrative Legislation

The Indian Constitution has embraced the welfare system programme and adjusted itself to it. Several articles of the Constitution, such as Article 39, mandate the Government to direct its strategy towards sufficient livelihoods. Article 47 refers to an improvement in the quality of nutrition and quality of life of Indian people, while Articles 32 and 226 impose on the Supreme Court and the High Courts, respectively, the authority to issue writs. The constitution itself also provides for the creation of administrative authorities. Article 315 refers to the Public Service Commission in India and Article 329 refers to the Election Commissions in India.

Functions Of Administrative Law

Administrative law's main purpose is to preserve governmental authority within the boundaries of the statute and to secure personal privileges and self-interests. As has already been pointed out the reach of state operations has grown. The government is the defender, dealer, businessman, supervisor and adjudicator nowadays. Lawmaking authority and decision-making responsibility and influence are defined as effective and robust administrative weapons.

There are primarily two roles of all forces [xx]:
  1. They are not unconditional or unlimited and
  2. They are prone to be corrupted.
Administrative law aims to regulate the state's forces and its departments. Administrative law offers an appropriate framework and sufficient safeguards to accomplish the goal. It helps to strike a balance between the interests of two opposing powers and the national interest. [xxi]

Growth Of Administrative Law

An effort was found in the case of A.D.M Jabalpur v. Shivkant Shukla [xxii] to question the administrative decision in an emergency on the basis that it breaches the Rule of Law concept. Although the claim did not succeed, it was clearly known that it was possible to use the rule of law as a legal doctrine. The Rule of Law was seen as the core idea of the Indian Constitution in Kesavananda Bharti v. State of Kerala.[xxiii]

In Indira Nehru Gandhi v. Raj Narain [xxiv] the judges ruled that the principle of the Rule of Law was violated by Article 329A. The Courts considered in the presence of Som Raj v. State of Haryana[xxv] that the first theory of the Rule of Law is the exclusion of arbitrary force.

The modern definition of the rule of law is very broad. The International Commission of Jurists has created this definition. It means that the function of government is to assert its powers and establish conditions under which the integrity of individual as a person is upheld.[xxvi]

The Indian Supreme court has established some well-founded third-world jurisprudence concepts over the past few years. This can be seen by extending the rule of law to the impoverished and underprivileged, the deprived and the uneducated that make up a large portion of India's population.[xxvii] In the situation of Veena Seth v State of Bihar [xxviii], this was founded by the Apex Court in reaction to a letter bringing attention to the irrational and unconstitutional imprisonment of some inmates in prison for nearly two to three decades.

Reasons For The Growth Of Administrative Law

The given reasons are responsible for the development of administrative legislation
  • In the ideology of the position the government plays, there is indeed a fundamental shift. There seems to be a shift in the conventional policy of upholding rule of law and social security. The government has not limited its range to the conventional and minimal roles of defense and corrections management, but has pursued a constructive approach and has attempted to conduct multiple features as a welfare system. [xxix]
     
  • The legal structure has been shown to be insufficient to determine and resolve all sorts of conflicts. Sluggish, expensive, incompetent, complicated and formalistic, it was. It had already been overloaded and that it was not reasonable to suggest even the very critical issues to be rapidly disposed of. The important issues could not have been resolved by simply merely reading the terms of such laws, but numerous other considerations needed to be weighed and the common courts of law did not get involved. Industrial Trials and Labor Courts, therefore were created, which contained the strategies and skills to manage these complicated situations.
     
  • Also insufficient was the regulatory procedure. It did not have resources and method to interact with all the information. It was difficult to set out comprehensive policies and regulations, and even if the parliament had set down specific information, they were considered to be flawed and insufficient. Thus certain responsibilities had to be transferred to the administrative agencies.
     
  • There is also space for administrative method research. Here as in statute, a provision must not be extended till the beginning of the next meeting of the parliament. A principle can be rendered there exhausted for some period and can be changed or modified within a short span if it is faulty. Law is therefore static in nature, whereas the administrative method is versatile.
     
  • The administrative authorities should escape from the technicalities. Instead of a conceptual and statutory framework, administrative law is practical. Conservative, static and skilled is how unconventional our judiciary is. Excluding certainty and technicality, it is difficult for judges to resolve cases. Administrative courts are not bound by the rules of proof and procedures, and in order to resolve complicated issues, they may take a realistic view on the subject.
     
  • Precautionary steps may be taken by regulatory authorities. They do not have to check for parties to come up with conflicts to them, unlike normal courtrooms. In certain situations, these preventive measures may appear to be more efficient and beneficial than prosecuting an individual after violation of the laws has been committed. "Examination and classification of meat addresses the consumer's demand more effectively than would an ability to prosecute the supplier after the customer is injured" [xxx]
     
  • Efficient measures can be taken by the regulatory agencies to implement the aforementioned precautionary measures, such as termination, suspension and revocation of licenses, disposal of polluted articles, etc., that are not usually available in normal courts of law.[xxxi]


Changing Tendency Of Indian Administrative Law Formation- Declining Emphasis On Personal Rights?

In his paper, Prof. Upendra Baxi [xxxii] claims that thus, there is indeed a progressive deviation from the Ancient Indian Administrative Law Formulation or Modern Indian Administrative Law Formulation with the transition from the Historic to Contemporary Indian Administrative Law Formulation.

He claims that more emphasis is put vigorously on industry sectors and free-market-friendly regimes in the Current Indian Administrative Law Formulation Phase than it is on human rights and the ideals of natural law. Prof. Baxi argues that in the modern moment, the constitutional structures depend on and favor the societies of specific international investors and international markets over the Modern Indian Administrative Law Formulation's bleeding-heart human and private conversation.

The existing current Indian Administrative Law structure, although in the opinion of the researchers, seems to be rather the contrary of what Prof. Baxi claims and presents it to be. In the abundance of its decision, the Indian Apex Court gave careful consideration to personal rights and liberties over industry and public interests. In the issue of K.S. Puttaswamy v. Union of India[xxxiii]is one such landmark case where personal freedoms were the subject of the dispute.

K.S. Puttaswamy v. Union of India [xxxiv]
In the case of K.S. Puttaswamy v. Union of India, the courts questioned if it was legally permissible for a clause of the Finance Act, 2017 which rendered Aadhaar essential for submitting income tax reports and requesting for Permanent Account Number (PAN) certificates. According to several requirements, the courts have affirmed the fairness of this clause.[xxxv]
"At the core of the legal dispute against the Aadhaar Act had been a claim that the Apex Court should use the reasonableness criterion to knock aside the law since this centralized identification process of the Aadhaar-style was not really the 'least invasive' alternative to identify people." [xxxvi]

"In the form of administrative rule, more than a decade earlier, the Apex Court incorporated an apportionment test into Indian jurisprudence. It does not, though, appear that the Courts in India are implementing this method in the European context”[xxxvii]

The case was based on a significant issue on whether the corresponding rule should be used to evaluate the lawfulness of legislative regulations. This was a critical aspect since the Indian Apex Court has been a very conservative structure that in the majority of instances yeilds to the legislature in the instances of legal oversight.

Section 57 of the Aadhaar Legislation enabled private citizens to verify the identities of people who wished to “use their facilities by using mechanism of Aadhaar Verification."[xxxviii] Section 57 of the Aadhaar Legislation was struck down by the highest Court and ruled that the component of the clause allowing private citizens to use Aadhaar Verification was unconstitutional and invalid because such use has been authorized by private individuals."

The statement was based on the assumption that decisions issued in modern times by the judiciary are once again heading back to the fixation of personal freedoms. In the current context, the abuse of authority by the few and the defense of human rights have taken precedence.

As cited in this instance:
The person is the focus of the statute since it is the realization of personal liberty that determines the societies shared well-being...[xxxix]

The focus was imposed on the defense of personal liberty that was also shown in the prior creation of the ancient Indian Administrative Rule. Similarly, the Apex Court knocked away the courts in another situation of Dharini Sugar v. Union of India[xl], affirmed The Petitioner's Personal Fundamental Privileges and knocked away a Central Bank of India's Guideline as illegal with regard to Article 14.

Dharini Sugar v. Union of India [xli]
In May 2017, the Central Bank of India released information of the Banking (Amendment) Ordinance, 2017, that granted the federal state the authority to enable the Reserve Bank of India to undertake the mechanism of insolvency proceedings [xlii]. Therefore in the Banking Regulation Act, two additional articles, Sections 35 AA and 35 AB, were added[xliii].

While the prior provided RBI authority to order a lender to begin the Insolvency Resolution Process against a deferring applicant, the latter allowed the Bank of India (RBI), following approval from the National Government, to provide guidance for the settlement of bad debts to financial institutions. Subsequently, the Reserve Bank of India released a guideline with a revamped strained asset management structure specifying its origin of authority as Sections 35A, 35 AA and 35 AB of the BR Act; and Section 45 L of the RBI Act, 1934.

As clearly subjective and ultra-vires, the applicant contests the Statement. The court held that, pursuant to Section 35 AA of the BR Act, Reserve Bank of India can order major banks to transfer pursuant to the IBC only and only if two of the conditions stipulated are satisfied; first, that it was approved by the national government to do this and, furthermore, it must be in regards to a particular failure. It also stated that the guideline did not meet any of the conditions.

Section 35 AA[xliv] requires the National Government, in support of 'default' (the same sense as given to it under IBC Section 3(12), to permit the RBI to give certain instructions. The Court ruled that, pursuant to Section 35 AA, response to the Insolvency and Bankruptcy Code could be made mostly on a case-by-case level, that is to say, with regard to the stated defaults of particular borrowers.

It was even more so backed by the Media Release of 05-05-2017, which explicitly referred to the settlement of "specific" strained properties, allowing the RBI to interfere within these "particular" NPA settlement situations. As it applied to all loans 'usually' above Rs. 2000 crores before understanding the difference, the guideline was thus quashed. Therefore the instructions that can be given by Section 35AA[xlv] could only be given by particular borrowers in relation to specific debts. It is also the Federal Government's perception when the notice was released, which allowed RBI to grant such instructions only in view of a defaults" underneath the Legislation. Hence any instructions that are usually in context of borrowers will be ultra vires Section 35AA. Thus the document was quashed as ultra vires, and in addition, all actions under Section 7 of IBC undertaken by the creditors to promote it were ruled "non-est"

Rule Of Law And Administrative Legislation

In administrative rules, the "rule of law" occupies an essential role. It provides individuals with protection against the subjective activity of qualified experts. The word 'rule of law' was obtained from the French term 'la Principal de legality,' which implies a government based on the norms of law. The phrase' rule of law, in simple words, illustrates the circumstance in a country where the law governs, primarily. Law can be taken to imply primarily a norm or rule that governs individuals' events and is viewed and enforced by the State in the organization of equity.

The law principle is of huge significance. It has been said that when he said the Monarch should be under the protection of lord and rule and thus the supremacy of the legislation over the delusions of the rulers, Edward Coke was one who invented this term. In the current situation, the concept of the rule of law does not oppose the act of granting the administration broad discretion, yet again it lies the lens stressing the way of their operation to be clarified. In fact, it ensures that every person is constrained by the ordinary rules that must be followed by all, if he is a private citizen or a public official; that personal rights are covered by the usual law of the country to which they must conform. Therefore the rule of law signifies that nobody is deprived his rights, liberties and freedoms by a legislative exercise; that the state institutions exercise their powers as provided by law and not self-assertively; that the principle that all must obey is definitely not unconstitutional and tough; that the unprecedented performance of the judiciary is preserved and that the administrative regulation of the government is preserved by the judiciary.

Constitutionalization Of Administrative Law In Respect To Natural Justice And Fundamental Rights

There have been numerous cases where the ineffective effort of the Apex Court to reconcile the concepts of common law in administrative law with constitutional privileges has contributed to an inconsistent and sometimes disorderly type of judicial review and implementation of rights. This theological inconsistency threatens both the integrity of administrative proceedings and the protection of basic freedoms, as the disparity among requirements of administrative evaluation and constitutional evaluation continues to decrease, contributing to a constitutionalized administrative rule.

The rapid extension of its own domain by the Apex Court, not just in respect of the petitions where it is prepared to hear do full fairness, [xlvi] but even in its wide understanding of the text of fundamental human rights as comprising many un-enumerated rights among them, has contributed to the Court's exceptionally deep involvement with administrative processes. Legislative rulings on conformity with basic fundamental freedoms are reviewed by the highest Court[xlvii]; it decides formal conformity with laws, but also with stricter due process standards and not surprisingly, assumes an important part in influencing the organizational nature of authorities[xlviii]. Although some of these steps are done by the authority of the Tribunal of Appeal, a large proportion of such intervention happens by the use of power to impose constitutional rights by the use of writs.

The authority to participate in judicial process is considered to be a self-evident reality in Indian constitutional statute, even though it is expressly allowed by no singular clause of the statute. Judicial evaluation authority is widely acknowledged as a fait accompli, and is sometimes known to be inherent in the statute[xlix]. A charter of rights, referred to as Fundamental Rights, is defined in Part III of the Constitution of India. Article 32 of Part III requires the Apex Court to provide instructions in the form of directives or writs "for the implementation of any of the authority granted by this Portion."[l] Furthermore, Article 13 renders null and invalids any pre-constitutional law that is incompatible with basic rights and forbids the Government from refusing to make "any legislation that removes the power granted by this Part"[li]. Those clauses, read combined, provide the backbone for the Apex Court's exercise of judicial examination.

On the other side, the Indian Apex Court, whenever it refers to judicial examination of administrative actions, has established its jurisprudence by primarily sampling from British common law to practice two large power categories. The first category of checks comprises of recourse under judicial, structural, and private rule, such as petitions to constitutional courts by Indian administrative and regulatory entities and punitive damages in civil courts[lii]. In implementing these restrictions, judiciary use a variety of principles of administrative legislations to evaluate administrative behavior. It is also possible to contest official action in India on some other principles, such as irrationality and, progressively, on basis of proportionality[liii], arbitrariness,[liv] and, essentially, procedural impropriety, i.e. infringements of the standards of natural justice.[lv]

This scope of statutes and bodies provides a substantial overlap among constitutional oversight and judicial regulation of administrative procedure. In turn, the analysis of administrative action on procedural and substantive grounds ('due process' provision in other areas of law) is related to Article 21, which ensures the freedom to life and personal liberties according to the 'process prescribed by statute”[lvi] Accordingly, the ‘constitutionalisation’ of Indian administrative legislation has its origins in the original constitution but was extended by the Apex Court's jurisprudence.

The concepts of natural justice are a collection of procedural restrictions in common legislation applicable mainly to administrative judgment in India[lvii]. The Apex Court was essentially united in accepting that there are two core aspects of natural justice: the guarantee to a fair trial (audi alteram partem) and the rule against prejudice (nemo iudex in sua causa).[lviii] Nonetheless the actual substance of these laws continues to be ably ambiguous, and in acknowledging this ambiguity, the Supreme Court of India indicated that perhaps the lack of clarification as to their nature is a positive move, offering an important level of flexibility that is required for the evaluation of administrative action.[lix]

As component of a procedural and substantive analysis of Article 21, the concepts of natural justice are alternately cited and interpreted into the constitutionally protected right against non-arbitrariness and the provision that limits on freedom must be fair. Moreover, India lacks standardized administrative procedures, unlike a number of other countries, and depends on such judicially defined concepts of natural justice to ensure equality in administrative decision-making. Accordingly, the concepts of natural justice provide both a foundation and a criterion of examination in different ways

The Apex Court has indeed been willing to use such concepts by relating basic rights to the rules of natural justice to evaluate not only executive action but also legislative provisions of the act on these premises: by either interpreting these concepts as component parts of other basic rights or using these as interpretive research instruments to recognize these privileges.
Natural justice, as the concepts of administrative law acts as substantive limitations of the common statute on decision-making procedures, requiring, for example, the right to be represented, to a rational opinion, to cross-examine and have a bias-free hearing.[lx] Administrative activity can, and is frequently, examined by the judiciary on the grounds that the concepts of natural justice have not been complied with. In these two areas, though the substance of the idea of natural justice is not the same, ultimately leading to evaluative disagreements over what these concepts are and how they should be implemented.

Regardless of fundamental rights, the ideals of natural justice have been generally applied by the judiciary and regulatory authorities as basic components of administrative procedure.[lxi] In constitutional and administrative law, the implementation of these concepts is not equivalent, however over the years Indian jurisdiction has witnessed the development of a dynamic borrowing and inter-relationship between them.

Concerns regarding the constitutionalization of concepts of administrative law by defining basic rights occur when they are incorporated in three forms by the Judiciary in a form that is ambiguous. Firstly the jurisprudence of the Highest Court on the essence of these concepts is inaccurate; it has not been decided by the Court if it uses these as an evaluative reference to "fill" or read the details of the freedoms as part of the freedoms themselves. Second, intrinsic ambiguity in the concept of the idea of natural justice gives them versatility, which is a strength in administrative law but transforms constitutional law into a detriment by enabling the enforcement of rights to be contradictory and possibly unjust. The ad - hoc basis implementation of the rules of natural justice is closely related to the concern of the Apex Court to attain its interpretation of a just outcome, without great consideration for the processes it embraces to accomplish this. [lxii]

Conclusion
Since its conversion into social welfare aid, the capacity of the government to construct a criterion or to select administrative capabilities to conform with standard equity and responsiveness requirements have changed. Today, in almost all parts and capacities of the general public, administrative law is an all-invasive function. More or less, administrative legislation covers the combination of forces and independence for people and the ways in which people practice their qualifications and remedies for people if their powers are mismanaged by administrative authorities.

In the context of the aforementioned judicial pronouncements of the Apex Court of India, the researchers are of the opinion that the Indian Apex Court, in a multitude of its decisions, has given due regard to personal rights and interests over the sectors and community concern in the current contemporary Indian Administrative Law Formulation, apart from what Prof. Baxi argues[lxiii].

In K.S. Puttaswamy v. Union of India [lxiv], for example, the Apex Court noted the person as the central focus of the constitution in because it is the realization of personal freedoms that the society's mutual well-being is decided. Similarly, the Top Court rejected an illegal memorandum made by the Reserve Bank of India in Dharini Sugar v. Union of India [lxv], regardless of the fact that it has been produced in the benefit of the industry and in the interest of the public. Thus in the opinion of the writers, the New Indian Administrative Law Formulation is gradually moving towards the Old Indian Administrative Law Formulation Phase.

Thus the Indian Administrative Law Formulation can be unequivocally divided into three periods with regard to the researchers. The main two are in line with what Prof. Baxi stated in his paper[lxvi], firstly, the Ancient Indian Administrative Law Formulation, where the concepts of Administrative Law were formed as a consequence of Judicial Statements; secondly, the Modern Indian Administrative Law Formulation, where the theories of Administrative Law have been further created as a result of Ancient Era Judiciary Statements.

In the opinion of the researchers, nevertheless, there was originally more emphasis on industry and public interests in the third stage/period, but in recent years we have witnessed that the Apex court has begun to give priority to personal freedoms and has begun to establish new concepts of administrative law, which makes the authors conclude that the current Era is gradually inclined to the Ancient Era.

End-Notes:
  1. Prof. Upendra Baxi, The Myth and Reality of Indian Administrative Law, Administrative Law (I.P Massey, 7th ed.-Eastern Book House
  2. Shayjal Deshpandey, Introduction to Administrative Law, Legalbites.in, accessed on 18th November 2020,
  3. Ibid.
  4. Wade & Forsyth, Administration law (2009) 4-5
  5. V.G. Ramachandaran, Administrative law (Eastern Book House, 1984) 56-57
  6. Janane Maghesh, Reasons for the growth of Administrative Law, Legalserviceindia.com, last accessed on18th November 2020
  7. AIR 1962 SC 1371: 1962
  8. (1984) 2 SCC 631, 637: AIR 1984 SC 873, 877
  9. Mrinalini Singh, Growth of The Administrative Law Formations in The India Context, The Manuparta Articles, accessed on 18th November 2020< https://www.manupatrafast.com/articles/PopOpenArticle.aspx?ID=61fb07af-8c80-4868-b707-b9939e9dae87&txtsearch=Subject:%20Administrative%20Law>
  10. AIR 1951 SC 332
  11. AIR 1955 SC 549
  12. 1958 SCR 123
  13. Prof. Upendra Baxi, The Myth and Reality of Indian Administrative Law, ADMINISTRATIVE LAW (I.P Massey, 7th ed.-Eastern Book House)
  14. Keshavananda Bharti v. Union of India, Writ Petition (Civil) No. 135/ 1970
  15. In Re Delhi Laws Act, 1912, AIR 1951 SC 332
  16. E.P. Royappa v. Tamil Nadu State (1974) 4 SCC 3.
  17. Maneka Gandhi v. Union of India AIR 1978 SC 597
  18. Prof. Upendra Baxi, The Myth and Reality of Indian Administrative Law, ADMINISTRATIVE LAW (I.P Massey, 7th ed.-Eastern Book House)
  19. M.P Mathur v. DTC 2006 13 SCC 706.
  20. CK Takwani, Lectures on Administrative Law, (6th ed.-Eastern Book House)
  21. Janane Maghesh, Reasons for the growth of Administrative Law, Legalserviceindia.com, last accessed on18th November 2020
  22. (1976) 2 SCC 521
  23. (1973) 4 SCC 225
  24. AIR 1975 SC 2299
  25. (1990) 2 SCC 653
  26. Basu, D.D., Administrative Law (6th Edn., 2004), p. 40.
  27. Basu, D.D., Administrative Law (6th Edn., 2004), p. 41.
  28. (1982) 2 SCC 583
  29. CK Takwani, Lectures on Administrative Law, (6th ed.-Eastern Book House
  30. Case Materials on Administrative law in India, Vol I (1966) Pg. 3-4
  31. Harlow & Rawlings, Law and Administration (2nd edn., 1997) Chapter 2
  32. Prof. Upendra Baxi, The Myth and Reality of Indian Administrative Law, Administrative Law (I.P Massey, 7th ed.-Eastern Book House)
  33. K.S. Puttaswamy v. Union of India, Writ Petition (Civil) No 494/2012
  34. K.S. Puttaswamy v. Union of India, Writ Petition (Civil) No 494/2012
  35. Anviti Chaturvedi, Overview of the Legal Issues around Aadhaar, PRS Blog, last accessed on 18th November 2020
  36. Prashant Reddy, Aadhaar and the ‘Least Intrusive Option’: What Did the SC Say About Smart Cards?, The Wire, last accessed on 18 November 2020, < https://thewire.in/law/aadhaar-supreme-court-proportionality-test>
  37. Prashant Reddy, Aadhaar and the ‘Least Intrusive Option’: What Did the SC Say About Smart Cards?, The Wire, last accessed on 18 November 2020, < https://thewire.in/law/aadhaar-supreme-court-proportionality-test>
  38. The Aadhaar Judgement - Implications on the Private Sector, Trilegal Update, last accessed on 18 November 2020 < https://www.trilegal.com/index.php/publications/update/the-aadhaar-judgement-implications-on-the-private-sector?utm_source=Mondaq&utm_medium=syndication&utm_campaign=inter-article-link>
  39. K.S. Puttaswamy v. Union of India, Writ Petition (Civil) No 494/2012
  40. Dharini Sugar v. Union of India, 2019 SCC OnLine SC 460
  41. Dharini Sugar v. Union of India, 2019 SCC OnLine SC 460
  42. Section 7, 9, 10, The Insolvency and Bankruptcy Code, 2016
  43. The Banking Regulation Act, 1949.
  44. The Banking Regulation Act, 1949
  45. The Banking Regulation Act, 1949
  46. Article13, Constitution of India, 1950
  47. Bachan Singh v. State of Punjab (1980) 2 S.C.C. 684
  48. Brahm Dutt v. Union of India (2005) 2 S.C.C. 431
  49. S. P. Sathe, Judicial Review in India: Limits and Policy, 35 OHIO ST. L.J. 870 (1974)
  50. Art. 32, § 1, Constitution of India, 1950
  51. Art. 13, § 2, Constitution of India, 1950
  52. M. P. Jain & s. N. Jain, principles of administrative law 2023 (8th ed. 2017
  53. V. Sudhish Pai, Is Wednesbury on the Terminal Decline, 2 S.C.C.-J. 15 (2008)
  54. Prateek Jalan & Ritin Rai, Review of Administrative Action, in The Oxford Handbook Of The Indian Constitution 432 (Sujit Choudhry, Pratap Bhanu Mehta, & Madhav Khosla, eds., 2016)
  55. Abhinav Chandrachud, Due Process, in The Oxford Handbook Of The Indian Constitution 777, 782 (Sujit Choudhry, Pratap Bhanu Mehta, & Madhav Khosla, eds., 2016)
  56. Article 21, Constitution of India, 1950
  57. M. C. Setalvad, The Common Law In India (Hamlyn Law Lectures, 1960)
  58. H. M. Seervai, Constitutional Law Of India: A Critical Commentary 1735 (4th ed., 2017) (1993)
  59. Union of India v. Tulsiram Patel (1985) 3 S.C.C. 398, 477
  60. M. P. Jain & s. N. Jain, principles of administrative law 2023 (8th ed. 2017) at 467
  61. M. P. Jain & s. N. Jain, principles of administrative law 2023 (8th ed. 2017) at 14
  62. Pratap Bhanu Mehta, The Indian Supreme Court and the Art of Democratic Positioning, in Unstable Constitutionalism: Law And Politics In South Asia 233 (Mark Tushnet & Madhav Khosla eds., 2015)
  63. Prof. Upendra Baxi, The Myth and Reality of Indian Administrative Law, Administrative Law (I.P Massey, 7th ed.-Eastern Book House)
  64. K.S. Puttaswamy v. Union of India, Writ Petition (Civil) No 494/2012
  65. Dharini Sugar v. Union of India, 2019 SCC OnLine SC 460
  66. Prof. Upendra Baxi, The Myth and Reality of Indian Administrative Law, Administrative Law (I.P Massey, 7th ed.-Eastern Book House)

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