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Admin Law Research Article

This document provides a comparative analysis of the administrative bodies in India and America. While India does not have a strict separation of powers established constitutionally, it is a key principle shaping administrative law in the US. The rule of law and checks and balances also differ between the two countries' administrative systems. Additionally, judicial review plays an important role in each country but works differently, with the Indian Supreme Court and High Courts able to examine and overturn laws and executive orders that are unconstitutional.

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Aniket Chatterjee
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51 views1 page

Admin Law Research Article

This document provides a comparative analysis of the administrative bodies in India and America. While India does not have a strict separation of powers established constitutionally, it is a key principle shaping administrative law in the US. The rule of law and checks and balances also differ between the two countries' administrative systems. Additionally, judicial review plays an important role in each country but works differently, with the Indian Supreme Court and High Courts able to examine and overturn laws and executive orders that are unconstitutional.

Uploaded by

Aniket Chatterjee
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as DOC, PDF, TXT or read online on Scribd
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ABSTRACT

ADMINISTRATIVE BODIES IN INDIA AND AMERICA IN VIEW


OF FUNCTIONAL APPROACH: A COMPARATIVE ANALYSIS
As can be easily guessed the administrative bodies function quite differently in different
countries, and the same applies for India and America. The two countries are different to each
other in many aspects and thus there is a need of comparative analysis of the functional
approaches of the administrative bodies in the two countries.
The administrative bodies like any other point of information have difference have some
differences in India and America, and while conducting a comparative analysis it would be more
evident. The rule of law, separation of powers and the theory of checks and balances are different
for the different administrative bodies in India and America.
In India, the doctrine of Separation of Powers has not been accorded a constitutional status.
Apart from the directive principle laid down in Article 50 which enjoins separation of judiciary
from the executive, the constitutional scheme does not embody any formalistic and dogmatic
division of powers. And f the Rule of Law as enunciated by Dicey affected the growth of
Administrative Law in Britain; the doctrine of ‘Separation of Powers’ had an intimate impact on
the development of Administrative Law in the U.S.A. As Davis points out “probably the
principal doctrinal barrier to the development of the Administrative process has been the theory
of separation of powers”. The truth is that while the doctrine of separation has affected the
character of the American Administrative Law, the doctrine itself has been affected by the newly
emerging trend in favour of Administrative Law.
About the judicial review there are various differences as well. One of the most important
features of the judiciary is the power of judicial review. Judicial review is the power of the
Supreme Court and the High Courts to examine the constitutionality of the Acts of the
Parliament and the state legislatures and executive orders both of the centre and state
governments. If it is found that any of its provisions are in violation of the provisions of the
constitution, they can be declared unconstitutional or ultra-vires of the constitution and a law
declared by the Supreme Court as unconstitutional cannot be enforced by the government.

KEYWORDS
1. Administrative Body
2. Separation of power
3. Judicial review

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