Control over administration. Judicial Control Over Administrative Acts: Administrative Law Notes 2022-10-29

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Control over administration refers to the ability to influence or direct the actions and decisions of a government or organization. This can be exercised through a variety of means, including legal frameworks, institutional structures, and political processes.

One important aspect of control over administration is the separation of powers. In a democratic system, the three branches of government (legislative, executive, and judicial) are designed to operate independently and act as checks and balances on each other. This helps to ensure that no single branch has too much power and can prevent abuses of authority.

Another way in which control over administration can be exercised is through elections. In a democratic system, citizens have the right to vote for their representatives, who are then responsible for making decisions on their behalf. This allows individuals to have a say in the direction of their government and hold their elected officials accountable for their actions.

Political parties also play a role in control over administration. Parties provide a platform for individuals with shared ideologies and policy positions to come together and advocate for their positions. Parties can also act as a means for holding politicians accountable to their constituents, as voters can choose to support or reject a party based on its actions and policies.

Institutional structures, such as oversight committees and watchdog organizations, can also help to exercise control over administration. These bodies are responsible for monitoring and evaluating the actions of government officials and can hold them accountable for any abuses of power or mismanagement.

Ultimately, control over administration is essential for ensuring that government and organizations are accountable to the people they serve. It helps to prevent abuses of power and promotes transparency and fairness in decision-making processes. By exercising control over administration, individuals and communities can shape the direction of their government and hold it accountable to their needs and values.

Judicial Control over Administrative actions

control over administration

The concept of rule of law further requires that no person should be subjected to harsh or arbitrary treatment. Additionally, employees should know how to protect themselves and their co-workers. The judiciary should act only as an alarm bell; it should ensure that the executive has become alive to perform its duties. The courts which can intervene only when it is sought may be helpless in this situation. It was held that the punishment imposed on the workers were not only severe but also disproportionate. The judges, who are only legal experts, may not be able to sufficiently appreciate the technical implications of administrative actions.

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Administrative Controls: Definition & Examples

control over administration

The Constitution gives the answer, in the name of 'Doctrine of Separation'. Generally, it is wrongly believe that all administrative powers lie in the executive. Quo Warranto: When there are doubts about the credentials of a person holding a public office, the court by issuing this writ can enquire the legality of his claim to that office. It was held by the Supreme Court that fixation of a particular rate was beyond power to give direction under Section 78-A of the Act. In India, the judiciary occupies an important place. Remedies of Judicial Review There are five types of writs that are available for judicial review of administrative actions under Article of 32, and Article of 226that empowers Supreme Court and High Court respectively under the Constitution of India. Certiorary: While Prohibition is preventive, Certiorary is both preventive and curative.

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JUDICIAL CONTROL OVER ADMINISTRATION, ACCOUNTABILITY AND SEPARATION OF POWER

control over administration

Later, the students call off strikes on the SC assurance. The nature of this writ can be both either mandatory or preventive. An example of action based on irrational, is termination of the services of an air hostess on her becoming pregnant Air India v. Similarly, under Article 122, the proceedings of the parliament cannot be questioned by the judiciary- even if a point of order is found contrary to the statue. Whose Job is the Hon' able SC doing? Writs are regarded as extraordinary remedies because the writs are issued only when no other remedy is available. They are barred to consider matters pertainingto those spheres.

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Judicial Deference and Executive Control Over Administrative Agencies

control over administration

Through this writ, a public official can be restrained from doing a thing which, if done would cause irreparable damage to the rights of individuals. Hence, they are designed based on need. As such, people can control over the administration through their elected representatives. Prohibition: It is a judicial writ issued by a superior court to an inferior court, preventing it from usurping jurisdiction, which is not vested with it. SC on the Cash for Queries Scam The Lok Sabha speaker when taunting the Judiciary to stay within the Laxman Rekha was referring to the judicial deliberations of 11 MP's in the Cash-for-Queries scam.

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Control over Administration

control over administration

While Prohibition is a writ available against judicial authorities, Injunction is a writ, which is issued against executive officials. Administrative agencies play a key role in the policy implementation process. The administrative law system is based on the assumption of separate law and courts for dealing with administrative actions. Governors across the country possess varying amounts of institutional authority over the agencies that comprise their states' executive branches. The court has made attempts in implementing the unenforced laws, under the title of 'Judicial Review' knowingly that there is no accountability. But, the SC was ready to consider a PIL on the constitutional validity of such a bill, as any legislation has to conform to the letter and sprit of the constitution.

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Judicial Control Over Administrative Acts: Administrative Law Notes

control over administration

When Proclamation of emergency has been declared by the President due to failure of Constitutional machinery the President has been given legislative power under Article 357 of our Constitution to make any Law in order to meet the situations. Under Article 121 of the Constitution, the conduct of a judge cannot be debated in the Parliament. The manner of recruitment of the public personnel, their number, their duties and powers, their service conditions, rules of procedure, code of conduct etc. Procedure in administration ensures accountability, openness and justice. Control over administration is necessary to check the danger of bureaucratic power.

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Legislative Control over Administration: Congress and the W.P.A.

control over administration

On federal relief policies, see Macmahon, A. Some of the provisions were adopted from USA and some of them were adopted from England. MLA Harkrishan Singh Bali broke the seal of several establishments and asserted that the SC cannot appropriate the function of the Executive. This follows attempts by late Prime Minister Indira Gandhi to pack the benches with her acolytes that led to infinite pressure on the judiciary. The various ministers of the government are now conscious of their duties towards parliament.

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Political Science Notes: Control of Legislature Over Administration

control over administration

Ministers, however, do not enjoy such immunity. The writ of injunction is not specifically provided in the Constitution. During the different stages of bills, the members of the opposition party get the opportunity to challenge the government. Surely, these are matters of no one but the Executive and Legislature respectively. The Law Commission made many recommendations to ensure the judicial standards of the bench. Where, Separation of Powers was also made the basic structure of the constitution.

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Judicial control over public administration

control over administration

It also implies the right of an aggrieved citizen to challenge the wrongful act of administration in the court of law. If the prescribed procedure is not followed the intervention of the courts can be sought and legality of administrative actions can be questioned. In this respect they have a number of chances to become arbitrary or master of the citizens. All the three need a revision. During the pendency of the appeal the 39th Amendment act was passed to ouster Judicial Review. The Supreme Court of India has held the Separation of Power as the basic Structure of the Constitution. But the most important change came in the process of appointment of judges under Article 124 and 217 in 1994.

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Judicial Control Over Administration: Scope, Forms & Limitations

control over administration

This leading to the democratic power flows from the Judiciary through the legislature and executive. Ambedkar, one of the important architects of Indian Constitution, disagreeing with the argument of Prof. The function of the executive is to represent the government and to see that different departments of the government are implementing the laws. In Hind Construction Co. Thousands of cases have been pending in Supreme Court, High Courts and Lower Courts for years together for want of time. As a result, their judgments may not be authentic.

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