Constitutional Law, Administrative Law and Indian Penal Code

Constitutional Law, Administrative Law and Indian Penal Code

Constitutional Law

Essentially, The Constitutional law is the supreme law. All other laws have to conform to the Constitutional law. Constitutional law contains laws concerning the government and its people. Constitutional law is a body of laws which defines the role, powers, and structures of different entities of the State, namely, the legislature, the executive and the judiciary, as well as the basic rights of citizens and, the relationship between the central government and state governments.

Constitutional law is a set of rules, which can either be imposing or directive. It provides a way to regulate the nation by proposing a set of laws which shall be abided by the citizens of the country. It leads the country in the right direction without fail. It includes various fundamental rights, fundamental duties and directive principles. We need Constitutional laws to regulate the system that prevails in the country. It acts as an obligation on the citizens, where they cannot go beyond its fundamental rights, which is a must so as to monitor the whole nation at a time.

Rule of Law

The colonial regime introduced the English concept of ‘Rule of Law’ in India. The three major features of the Rule of Law are

1. All are equal before law

2. Nobody is above law and

3. The same law is applicable to all.

The Rule of Law ensures ‘equality of all citizens in the judicial process and reduces the scope of nepotism, favoritism, arbitrariness, unhealthy executive interferences in the judicial process. Rule of Law provides an effective check to the abuse of authority by executives and administrators. The procedural laws and Constitutionally guaranteed fundamental rights ensure enforcement of Rule of Law.

Administrative Law

Administrative law is a branch of public law. It deals with the relationship of individuals and government. It determines the organization and power structure of administrative and quasi-judicial authorities to enforce the law. It is primarily concerned with official actions and procedures and puts in place a control mechanism by which administrative agencies stay within bounds. There are a few reasons for the development of administrative law in India.

Firstly, India is a ‘Welfare State’. Government activities have increased and thus the need to regulate the same. Therefore, this branch of administrative law was developed. Secondly, there is the inadequacy of the legislatures. The legislatures have no time to legislate upon the ever changing needs of the society. Even if it does, the lengthy and time taking legislation procedure would render the rule so legislated of no use as the needs would have changed by the time the rule is implemented.

Thirdly, there is judicial delay in India. The judicial procedure of adjudicating matters is very slow, costly complex and formal. Furthermore, there are so many cases already lined up that speedy disposal of suites is not possible. Hence, the need for administrative

Firstly, India is a ‘Welfare State’. Government activities have increased and thus the need to regulate the same. Therefore, this branch of administrative law was developed. Secondly, there is the inadequacy of the legislatures. The legislatures have no time to legislate upon the ever changing needs of the society. Even if it does, the lengthy and time taking legislation procedure would render the rule so legislated of no use as the needs would have changed by the time the rule is implemented.

Thirdly, there is judicial delay in India. The judicial procedure of adjudicating matters is very slow, costly complex and formal. Furthermore, there are so many cases already lined up that speedy disposal of suites is not possible. Hence, the need for administrative tribunals arose. Fourthly, as administrative law is not a codified law there is a scope of modifying it as per the requirement of the State machinery. Hence, it is more flexible. The rigid legislating procedures need not be followed again and again

Difference between Constitutional Law and Administrative Law

There is a basic difference between Constitutional law and administrative law. A Constitutional law is the supreme law of the land. NO law is above the Constitutional laws and hence must satisfy its provisions and not be in its violation. Administrative law is therefore subordinate to Constitutional law. Constitutional law deals with the structure of the State and its various organs. Administrative laws deal only with the administration. Administrative authorities should first follow the Constitutional laws and then work as per administrative law.

Indian Penal Code

The Indian Penal Code is the criminal code of India. It is a comprehensive code intended to cover all substantive aspects of criminal law. The code was drafted in 1860 on the recommendation of the first law commission of India established in 1834. It came into force in British India during the early British Raj period of 1862. The objective of this act is to provide a general penal code for India.

The Indian Penal Code has a basic format, it is a document that lists all the cases and punishments that a person committing any crimes is liable to be charged. It covers any person of Indian citizenship. The exceptions are the military and other armed forces, they cannot be charged based on the Indian Penal Code. They have a different set of laws under the Indian Penal Code as well. The Indian judicial system is one that has evolved into a stable and fair system of detention and penalizing, after being tested well for several years.

The most important feature of the Indian Penal Code is the impartial nature of judgments promoted by the document. The code stands alike for government employees, as for common man, and even for a judicial officer. It prevents any sort of corruption or misuse on the part of the people in power.

Lok Adalat

Lok Adalat is called as people’s court. ‘Lok’ stands for people, ‘Adalat’ is court. The Advent of legal services Authority’s Act, 1987 gave as statutory status to Lok Adalat. The disputes are settles through mutual agreement between the parties. It is otherwise called speedy settlement of disputes.

Activity

Think-Pair-Share

The Constitution represents people’s hopes and objectives. The Legislature, an elected body, represents the people. With your partner, work on the following tasks:

a. Who should have more power –The Executive, the Legislature or the Judiciary?

b. Give reasons for your answer with examples.