Constitutional Law & Administrative Law

Administrative law was sought to be as a part of constitutional law and discussed in books of constitutional law. In early English era, there was no difference between administrative law and constitutional law. But there are a lot of differences between administrative law and constitutional law drawn by different jurists. 

The body of law created by administrative authorities in the form of rules, regulations, orders and decisions to carry out regularity powers and duties of such agencies. whole system of government of country, the collection of rules, which establishes or regulates or govern the government. Administrative law is the law relating to the control of government powers. Constitutional law is the body of those legal principles which determine constitution of the state.

a- Both govern the function of government.

b- Both are the part of public law.

c- Both have the aim of administrative of justice.

It is very difficult to draw difference between these two, but some differences are given below.

Constitutional law is concerned with organization and functions of government at rest Administrative law deals with that organization and functions of government in motion. sometimes executive my judicial powers. e.g rent controller have power to decide the case although executive power has been vested to him. it is only judiciary who have judicial power. Administrative law is functional and less procedural.

it is a procedural law. its scope is limited and it deals only with law administered by authority and individual working. it has wider scope it deals with all laws, all individuals and administrative bodies of state. Administrative law is the subsidiary law and deals with only particular body.

 it is fundamental and supreme law of land. it provides the method of inner management of tribunals and court. it deals with function at rest it is evident from articles 212, 240. The difference as to organ of country it deals with only one organ of country of government executive it deals with all 3 organs of the state legislation executive judiciary it is flexible in nature.

 it is rigid in nature. it can be easily made because of easy procedure of amendment it can not be easily made because of tough amendment procedure. Administrative law is subordinate law. Constitutional law is supreme law. it deals with special remedies belong to special class of person. In this law remedy is available through court of law. it is product of 20^th century. Constitutional law roots its history from era of plato and Aristotle.

 it provides policies for welfare of state eg revenue matter. It provides components of state e.g soverignty Violation of administrative law is redressed in lower courts or special tribunals e.g revenue courts.Violation of constitutional law is directly dealt in superior courts eg supreme courts.