(PYQ Mock Answer: Public administration) Administrative Law

Q. "Administrative law is recognised by its substance rather than its form." Discuss. 10 Marks

The administrators were given huge amount of discretionary powers to carry out their functions, but this resulted in misuse and abuse of power. To check this arbitrary use of power, the concept of Administrative law emerged. 

Administrative law can take various “forms”,  it can appear in the form of constitutional provision, a statue/law by the parliament, administrative by-law, order etc. But an administrative law is never recognised by the form it takes but by the content (the substance).

For example, Armed Forces Special Powers Act (AFSPA) is often referred to as a draconian law. AFSPA is recognised so because of powerful provisions like power arrest without warrant, search and seize vehicles, power to shoot after warning etc. Hence, from this example it is pretty clear that Administrative law is recognised by its content (substance) than by its form.  

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