B. A. Vth Sem, Unit: IX, (Paper -2, Public Administration) Political Science, According to KU- NEP
Unit IX: Legislative, Executive, and Judicial Control Over Administration, Ombudsman ( with special reference to Lokayukta and Lokpal in India)
By
Dr. Farzeen Bano
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Legislative, Executive, and Judicial Control Over Administration
Introduction
Control over administration is essential to ensure accountability, transparency, efficiency, and compliance with the rule of law. In democratic systems, administrative actions are monitored and regulated by three key organs of the state: the legislature, the executive, and the judiciary. Each organ exercises distinct yet complementary forms of control, forming a system of checks and balances.
1. Legislative Control Over Administration
1.1. Meaning
The legislature, as the law-making body, holds the administration accountable for implementing laws and managing public funds. It ensures that the executive acts in accordance with legislative intent and public interest.
1.2. Mechanisms of Legislative Control
1. Law-Making Authority:
- The legislature defines the legal framework within which the administration operates.
- Delegated legislation allows the executive to create detailed rules under legislative oversight.
2. Budgetary Control:
- Approval of the annual budget ensures financial accountability.
- The legislature scrutinizes government expenditure through mechanisms like Appropriation Bills and Finance Bills.
3. Parliamentary Questions:
- Members of Parliament (MPs) can question ministers during sessions to seek clarifications on administrative actions.
- Questions can be oral, written, or starred, ensuring detailed discussions.
4. Debates and Discussions:
- Issues of public importance are debated, allowing the legislature to critique administrative performance.
5. Committee System:
- Specialized committees like the Public Accounts Committee (PAC), Estimates Committee, and Committee on Public Undertakings oversee administrative and financial actions.
6. Motions and Resolutions:
- Adjournment Motions and No-Confidence Motions are tools to hold the executive accountable.
7. Auditing and Reporting:
- The Comptroller and Auditor General (CAG) submits audit reports to the legislature for review.
1.3. Limitations of Legislative Control
- Lack of technical expertise among legislators.
- Dominance of the ruling party often limits effective scrutiny.
- Complexity of modern administration reduces legislative capacity for in-depth oversight.
2. Executive Control Over Administration
2.1. Meaning
The executive, responsible for implementing laws and policies, exercises control over administrative actions to ensure efficiency, discipline, and compliance with government directives.
2.2. Mechanisms of Executive Control
1. Administrative Supervision:
- Ministers supervise the functioning of departments under their control.
- Senior officers monitor subordinate staff to ensure policy adherence.
2. Appointments and Transfers:
- Recruitment, postings, and transfers of civil servants are tools of administrative control.
3. Issuance of Directives:
- The executive provides guidelines, instructions, and circulars for administrative functioning.
4. Budgetary Implementation:
- The executive ensures funds are allocated and spent as per legislative approval.
5. Performance Appraisal:
- Regular evaluation of officials through confidential reports and performance reviews.
6. Disciplinary Actions:
- The executive can initiate inquiries, impose penalties, or suspend officials for misconduct or inefficiency.
2.3. Limitations of Executive Control
- Over-centralization may hinder effective supervision.
- Political interference can undermine impartiality.
- Bureaucratic resistance to reforms and innovation.
3. Judicial Control Over Administration
3.1. Meaning
Judicial control involves the review of administrative actions by courts to ensure they are lawful, reasonable, and just. This form of control upholds the principles of natural justice and protects citizens' rights.
3.2. Mechanisms of Judicial Control
1. Judicial Review:
- Courts examine the constitutionality and legality of administrative actions.
- They can declare actions ultra vires (beyond legal authority) and void.
2. Writ Jurisdiction:
- Under Articles 32 and 226 of the Indian Constitution, courts issue writs like:
- Habeas Corpus: To ensure personal liberty.
- Mandamus: To compel a public official to perform a duty.
- Certiorari: To quash unlawful administrative decisions.
- Prohibition: To prevent administrative overreach.
- Quo Warranto: To challenge the legality of a public officeholder.
3. Statutory Appeals:
- Citizens can challenge administrative decisions through statutory appellate tribunals or directly in courts.
4. Public Interest Litigation (PIL):
- Enables citizens to seek judicial intervention in matters of public interest, ensuring administrative accountability.
5. Contempt of Court:
- Courts can penalize officials for willful disobedience of judicial orders.
3.3. Limitations of Judicial Control
- Judicial processes are time-consuming and costly.
- Courts lack the technical expertise to evaluate certain administrative matters.
- Excessive judicial interference may lead to a conflict with the executive.
Conclusion
Legislative, executive, and judicial controls are complementary mechanisms ensuring that administrative actions align with the principles of accountability, efficiency, and legality. While each organ has its limitations, their combined efforts form a robust framework for regulating administration, safeguarding public interests, and upholding democratic values. Regular reforms are necessary to enhance the effectiveness of these controls in response to evolving administrative challenges.
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