The microscopic presence of Administrative Law in the Constitution of India

INTRODUCTION Administrative Law has only very recently developed as a separate branch of legal studies. Earlier it was considered to be a part of Constitutional Law. There is no clear cut definition of administrative law, but for the sake of understanding we can understand administrative law as a law that  has certain principles which help in the administration of the country.  The Constitution of India is the highest source of administration in the country.  Terms such as rule of law, judicial review and separation of power are as such  no where mentioned in the Constitution, but these are some of the very essential principles of the administrative law. With the help of various Articles in the Constitution our Constitution  makers have very well  made sure that our country's administration is taken care with these principles giving structure to the administrative machinery present in the Constitution. Rule of law  The Supreme Court of India in various landmark  judgement has stated the importance of rule of law. In the case of Indira Nehru Gandhi vs Raj Narian the 39th amendment was being held to be invalid as it violated the principle of rule of law. One of the basic principles of rule of law is that no is above the established law and that law which has been established has to be fair and reasonable. Even the power of the President to grant pardons is subject to judicial review. This was held in the case of Maru Ram vs Union of India. This was done so that pardon is not given on the basis of party favoritism, which would be an arbitrary action. If this arbitrary action is allowed to take place it will lead to inequality. Supreme Court in the case of E.P Royappa vs State of Tamil Nadu held that if an act is arbitrary  it is implicit that it will lead to inequality. And if there is inequality it will be a violation of rule of law. As equality is one of the core fundamental principles of rule of law. Thus we can see that even if certain power is given to the President it has to be in accordance of rule of law. Now in order to ensure that there is rule of law is maintained in the country we have a separate and impartial judiciary.  The judiciary has the power of judicial review, according to it the judiciary can review any law and strike it off if it finds reasonable grounds that the law is a bad law. In the case of Minerva Mills vs Union of India the Supreme Court stated that for the survival of rule of law in any democratic system the judicial review will be the soul of that system. Therefore for the enforcement of rule of law the judiciary must have the power of judicial review. JUDICIAL REVIEW  Judicial review is not a upsurged power but a part of the grand design to ensure constitutional supremacy. It is a part of the basic structure and not even an amendment by the Parliament can take away this power. Though judicial review seems to a be very big power but it has its limitations as well for the sake of better administration.  The nature of judicial review is to review the decision making process and not to review the decision of the legislature and the purpose of judicial review is ensure administrative efficiency of administrative authorities. The judicial review also gives the legislature a helping hand in making better laws by rectifying there mistakes. The concept of judicial review has been established in the Constitution through Articles 131, 32, 131, 136, 143 and 226. These Articles give judiciary the power of judicial review so that they perform the function of judicial review. For the effective performance of the judiciary, it should not be under any undue influence. That if the judiciary is under pressure from the legislature or the executive it will not be able to perform its task of judicial review. Thus we have the concept of separation of power in our Constitution, were the Constitution for effective administration the various functions of the three organs of the government that is legislature, executive and judiciary has been given. Thus by dividing the functions of the various organs of the government, our Constitution makers succeeded in giving judiciary the necessary tools, it needed to perform the function of judicial review. Therefore due to the virtual presence of rule of law, the judiciary has the power of judicial review. Separation of powers It is very much debated that India does not apply the doctrine of separation of powers very strictly. But it is very much accepted that doctrine of separation of power does exist in India. Article 53 and 54 state that the executive power of the state and the union is vested by the Constitution into the President.  Articles 131, 32, 131, 136, 143 and 226 give judiciary there task. Whereas Article 11, 33,  124( C), 245, 246, etc. give the legislature to make laws. But for separation of powers to exist in the Constitution we have rule of law, which helps in maintaining  the upper status of law. That is no one is above the law, which has made by a competent authority and it is fair and reasonable. Through rule of law the supremacy  of the Constitution is maintained.   CONCLUSION Concepts such as rule of law, judicial review and separation of powers are very prominent concepts of administrative law.  These concepts are different as such but they are intimately connected to each other. For example there is a violation of rule of law, but the judiciary has no power of judicial review, then there will be no independent authority to declare that there is violation of rule of law. But if even power of judicial review is there the judiciary must be free from any pressure and therefore we have the system of separation of powers. Thus we can see the microscopic  presence of the principles of administrative law in the Constitution and how they are inter connected to each other.