In India, administrative law is primarily created by various government agencies and authorities through their rule-making powers. These rules and regulations are framed based on the powers delegated to them by legislation enacted by the Parliament or state legislatures.
Here’s a breakdown of how administrative law is created in India:
- Legislation: The primary statutes passed by the Parliament or state legislatures grant powers to administrative agencies. For example, the Companies Act, the Income Tax Act, and the Environmental Protection Act provide broad frameworks and delegate rule-making authority to respective agencies.
- Government Agencies: Once legislation is in place, government agencies and departments are authorized to create detailed rules and regulations to implement the legislation effectively. These agencies include bodies like the Reserve Bank of India (RBI), the Securities and Exchange Board of India (SEBI), and the Central Pollution Control Board (CPCB). These rules must comply with the framework provided by the enabling legislation and are meant to address specific operational aspects.
- Judicial Review: Administrative actions and regulations can be challenged in courts. The judiciary reviews these actions to ensure they comply with the principles of fairness, legality, and adherence to the powers granted by the legislature. This acts as a check on the power exercised by administrative agencies.
While administrative law in India is primarily created by government agencies through delegated authority, it is grounded in the legislative framework established by Parliament and state legislatures, and is subject to judicial review to ensure accountability and compliance with legal standards.
