Administrative Law vs Constitutional Law – Key Differences & Similarities
Administrative Law and Constitutional Law are two important disciplines of Law. This article highlights the key differences and similarities to help you choose the right one between the two.
If you know how to make your point effectively, are curious to know new things about Law, questions arise in your mind about Law and you think that you can fix it, if given the opportunity, then career in Administrative Law or Constitutional Law is the most suitable option for you. Although both Administrative Law and Constitutional Law may be related to the system and constitution of India, there is a significant difference between the roles of the two. So let us go through the differences and similarities between Administrative Law and Constitutional Law so that you can choose the right course for you.
Administrative Law: An overview
Administrative Law is the branch of Public Law that aims to control the abuse of government power. Administrative Law deals with the decision-making of various administrative bodies of government such as boards, tribunals or commissions. It also prescribes the organization, powers and duties of the administrative officers. Its curriculum mainly deals with the study of various principles of Administrative Law. The objective of the course is to provide students with an understanding of the evolution of Administrative Law and to help them understand the functioning of administrative institutions within the parameters of good governance and accountability. Administrative Law deals with the study of procedures, rules and regulations of any organization.
Eligibility Criteria for Administrative Law
Eligibility to study Administrative Law in Law colleges may vary from college to college. So, candidates must check the required age limit, qualification and all other details carefully before applying. The eligibility criteria for UG course in most of the colleges is 10+2 pass with minimum qualifying marks as prescribed by the institute. Whereas LLB degree is mandatory for admission to PG course. If a candidate has completed five-years integrated law degree, then he/she can also apply for Postgraduate course in Administrative Law.
Administrative Law Subjects and Curriculum
Administrative law is a kind of foundation course but prior knowledge of Constitutional Law is necessary to understand the details of its principles. Although its syllabus may vary from college to college, but overall, its syllabus is classified into five modules which are given below:
1) Introduction to Administrative Law
2) Delegated Legislation
3) Control of Delegated Legislation
4) Administrative Discretion
5) Principles of Natural Justices
Scope of Administrative Law
Since it is a Law made by the judge, there is always scope for amendments. Although the basic principles remain the same and its scope is wide enough to incorporate and formulate new rules and regulations as the need of the hour. Hence, there is a need for such youth in this field who are interested in understanding and interpreting the nuances of Law. A Law graduate after specializing in administrative Law can make a career as a Legal Administrator, Administrative Lawyer, Administrative Judge, Legal Writer, Counselor to agency leaders, etc.
Constitutional Law: A brief
Constitutional law has the status of supreme law in the Indian judicial system and this is because it vests legal powers relating to both the government and the people. The law covers the functioning of the ruling bodies and their relationship with each other and the composition of various institutions within the state, such as the Parliament and the executive, and the fundamental rights of citizens.
Eligibility Criteria for Constitutional Law
Candidates aspiring to make a career in Constitutional Law can pursue either a five-year BA LLB, BA LLB (Hons) and BBA LLB (Hons) or three-year LLB course at the undergraduate level. Whereas LLM or PG Diploma course can be done at postgraduate level. While for undergraduate courses candidates are required to have 10+2 pass certificate with minimum 45-50% marks, for postgraduate courses candidates must have LLB degree.
Constitutional Law Subjects and Curriculum
This course covers various aspects of the field of Law. Some of the common Constitutional Law subjects taught in various colleges and universities are given below:
| Constitutional Law Subjects |
|
|---|---|
| Undergraduate Level |
Postgraduate Level |
| Delegated Legislation |
Fundamental Rights |
| Scope, Significance and Trends in Administrative Law |
Health and Education Law |
| Administrative Adjudication |
Center- State Relations |
| Principles of Natural Justice |
Mass Media Law |
| Statutory Provisions of Natural Justice |
Administrative Law |
Scope of Constitutional Law
There is a lot of scope for the candidates in this field. Candidates, who have keen interest in the Indian constitutional system and its working, can choose this field. Constitutional law graduates can make their career as lawyers, administrative judges, legal publishers, law officers, public prosecutors, administrative law attorneys, legal writers, etc.
Common Entrance Exams for Administrative Law & Constitutional Law
Students can appear for national level examinations for admission to constitutional and administrative law courses. The students are selected on the basis of their merit and their ranking in the examinations. Most of the law colleges also have a round of interview or group discussion after the exam, which the students have to clear to get admission. Some of the popular exams conducted at the national level are:
Constitutional and Administrative Law have one similarity that both are based on the Indian Constitution and its functioning. While Constitutional Law is more comprehensive, Administrative Law is an important part of it. Hence, a good understanding of both helps the candidate to understand the Indian Constitution and its functioning. However, it depends on the student in which subject he wants to specialize.
