Question

Which is a source of Administrative law?

• A. Constitution
• B. Statutes
• C. Precedents
• D. All of the above

Hint:

Administrative law is essentially judge-made law.
The foundational doctrines of judicial review (like Wednesbury unreasonableness and proportional review) were developed entirely through case law precedents.

Answer 1

The Correct Option is D

Step 1: Understanding the Question:
The question asks us to identify the valid sources from which administrative law originates and derives its authority.

Step 2: Key Legal Principles and Approach:
Unlike branch-specific codified laws like the Indian Penal Code or the Indian Contract Act, administrative law is largely uncodified.
It is a judge-made branch of public law that draws its principles, rules, and procedures from multiple legal instruments and institutions.

Step 3: Detailed Explanation:

• Constitution as a Source (Option A): The Constitution is the primary and supreme source of administrative law.

• It establishes the structure of the administrative organs (Articles 53 and 154), limits their powers through Fundamental Rights (Articles 14, 19, 21), and grants extraordinary powers of judicial review to the Supreme Court (Articles 32, 136) and High Courts (Articles 226, 227) to control administrative actions.

• Statutes as a Source (Option B): Statutes enacted by the Parliament and State Legislatures create administrative bodies, define their powers, prescribe their procedures, and set up tribunals (e.g., the Right to Information Act, National Green Tribunal Act, and Central Administrative Tribunals under Article 323A).

• Precedents as a Source (Option C): Since administrative law is heavily driven by judicial decisions, court judgments and precedents are the most active source of this law.

• Principles such as natural justice, legitimate expectation, promissory estoppel, and proportional punishment have been developed entirely through judicial precedents.

• Since all three are major sources of administrative law, the correct answer is "All of the above" (Option D).

Step 4: Final Answer:
The Constitution, statutes, and judicial precedents all serve as core sources of administrative law, making Option (D) the correct answer.