Administrative Law

Rule of Law in Administrative Law

Understand rule of law through legality, non-arbitrariness, equality, controlled discretion, reasoned decisions and independent judicial review.

By Advocate Aditya Sharma7 min read

Quick answer

Rule of law requires public power to come from law, follow known standards and remain open to fair and independent review.

What rule of law requires

Rule of law is not simply the existence of rules; it demands lawful, equal, predictable and reviewable government.

Authority of law

An administrator must identify constitutional, statutory or valid delegated authority for action that affects rights, duties or legitimate interests.

Equality and non-arbitrariness

Article 14 rejects irrational selection, personal preference and inconsistent treatment. Relevant standards must guide comparable cases.

Fair procedure

Notice, opportunity to respond, impartiality and reasons reduce arbitrary power when a decision carries serious individual consequences.

Independent review

Courts and lawful appellate bodies must be able to examine jurisdiction, legality and fairness without treating official assertion as conclusive.

Discretion without arbitrariness

Administration needs choice, but rule of law converts unstructured choice into legally guided discretion.

Known standards

Statutory purpose, published policy and relevant criteria make outcomes more consistent and allow affected people to understand the decision.

Reasons

A reasoned order shows whether the decision-maker used relevant material, addressed the case and stayed within legal limits.

No special immunity

Public office does not place an official above law. Applicable immunities are limited legal rules, not a general licence for unlawful conduct.

Judicial restraint

Rule of law also respects assigned authority. A reviewing court corrects public-law error without managing administration or choosing policy merely because another choice seems better.

Landmark cases

Learn the facts, the rule and why the case matters. The citation alone will not strengthen an answer.

S.G. Jaisinghani v. Union of India

AIR 1967 SC 1427

Facts: An Income Tax Service officer challenged seniority treatment shaped by recruitment quotas, roster administration and departures from settled criteria.

Legal question: How does rule of law control official discretion and unpredictable administrative choice?

Held: Absence of arbitrary power is a first essential of rule of law, requiring decisions based on known principles rather than unpredictable personal choice.

Reasoning: Public decisions must follow known principles and rules. Unconfined, inconsistent choice is the opposite of rule of law and invites Article 14 scrutiny.

Use in an answer: Use it as the classic rule-of-law control on administrative discretion.

Read the judgment

Maneka Gandhi v. Union of India

(1978) 1 SCC 248

Facts: The government impounded a citizen's passport without initially supplying reasons or a prior opportunity to respond.

Legal question: Is any procedure formally authorised by law sufficient when administration restricts personal liberty?

Held: Procedure affecting personal liberty must be fair, just and reasonable, and Articles 14, 19 and 21 operate together against arbitrary State action.

Reasoning: No. Procedure must be fair, just and reasonable, with Articles 14, 19 and 21 read together against arbitrary public action.

Use in an answer: Use it to connect rule of law with procedural fairness.

How to write this answer in an exam

  1. Define rule of law beyond mere rule by law.
  2. Identify legal authority and statutory purpose.
  3. Test equality, fair procedure and reasons.
  4. Examine controls on discretion and access to review.
  5. Conclude without converting review into merits appeal.

Quick revision

  • Power must have legal authority.
  • Article 14 rejects arbitrariness.
  • Discretion needs standards.
  • Reasons support accountability.
  • Judicial review preserves legality.

Test yourself

  1. What separates rule of law from rule by law?
  2. Why are reasons important?
  3. Can rule of law coexist with discretion?

Frequently asked questions

Does rule of law prohibit administrative discretion?

No. It requires discretion to be confined by statutory purpose, relevant criteria, fairness, reasons and review rather than personal or uncontrolled choice.

Is every unlawful decision also mala fide?

No. A decision may be unlawful because of jurisdiction, procedure, irrationality or legal error without proof of personal bad faith.

Sources and further reading

Continue learning

Administrative LawClassification of Administrative Action and FunctionsDistinguish legislative, executive, quasi-judicial, judicial and ministerial administrative functions and understand why classification matters.Administrative LawSeparation of Powers in Administrative LawLearn how India separates legislative, executive and judicial functions while permitting controlled overlap in modern administrative government.Administrative LawAbuse and Failure to Exercise Administrative DiscretionUnderstand improper purpose, irrelevant factors, bad faith, dictation, rigid policy and other forms of abuse or non-exercise of discretion.Administrative LawAdministrative Discretion: Meaning, Need and Legal LimitsUnderstand administrative discretion, why statutes confer choice and how legality, relevance, reasonableness and fairness control its exercise.