When criminal proceedings are to be instituted against an official for the acts done in his official capacity, previous sanction of the President or the Governor as the case may be, is to be obtained. Administrative tribunal and doctrine of precedent- It is stated in the Art. Decentralization of administration may provide the local community with a better opportunity of intimately understanding and influencing the conduct of public business by the official. Logical and physical controls are manifestations of administrative controls. The former is responsible for personnel matters having financial implications. Therefore, they exercise some self-limitations, to restrict the review only to the important cases.
The setting up of Lokayukta offices in the states is sparse and still many do not have one. The faulty procedures adopted by administration and abuse of official discretion can be challenged in law courts. He is a part of the society but at the same time he is the philosopher and guide, suggesting and correcting society. Therefore, a democratic administration must be responsible to the people. The law pronounced by the Supreme Court is applicable and holds all courts and administrative tribunals subject to it. Diversity of citizenship cases involve. The question hour has been described as a searchlight turned on the activities of administration.
They interpret the feelings and interests of the people to officials and the aims and purposes of the official activities to the public. In India we have a committee on Delegated Legislation to examine these rules and report back to the House about their authenticity. Thirdly, the persons proceeded against must have been in actual possession and user of the office. Generally, recruitment to civil service is placed in the hands of Public Service Commission—an independent body. It looks at how the approach of taxation and how the constraints of taxation on goods and price controls affect the U. In a year the courts are able to deal with only a fraction of cases brought before it. If he is unable to satisfy Parliament, he has to quit office.
Post-mortem nature of judicial control: In most of the cases the judicial intervention comes only after enough damage is done by the administrative actions. Now that we have by our own Constitution established a Republic, a socialistic State with its varied industries and other activities, employing a large army of servants there is no justification in principle or in public interest that state should not be held liable vicariously for the tortuous acts of its servants. The administrative courts are freely awarding damages to the citizens against the wrongful acts the employee of the Government. The cases are decided not on merit but according to these whims and legalistic aptitudes. The official cannot be called to the floor of the House to explain his act. Social audit is a contemporary version of Audit and not only takes into consideration economical activities but also social and cultural aspects by taking a holistic view of policy impact.
These are all some of the questions that not only. Files of a routine nature may be disposed of in dozens in a single day while a file involving a complex matter may take several days for disposal. This system ensures direct popular control over administration but it introduces political considerations into administration and encourages favouritism and patronage. Lets discuss these in detail now. The availability of review is further restricted by the restrictions imposed by the Constitution and the statutes. Question-Hour: In the parliamentary system, the ministers are the members of the legislature.
The society must, therefore reform itself. The need for discretion arises because of the necessity to individualize the exercise of powers through the administration, i. Such a doctrine is utterly unsuited to the Twentieth Century State, in which the Public Officer has been superseded by armies of anonymous and obscure civil servants acting directly under the orders of their superiors, who are ultimately responsible to an elected body. A new department may be created to give effect to a particular law enacted by the Parliament. The writ of prohibition plays some part in the control of administrative tribunals which have quasi-judicial functions. This writ can be issued only against judicial or quasijudicial authorities to prevent exercise of excess of jurisdiction by a subordinate court. The right to information is the beginning and the midway between legislative supervision and administration awareness will pave the way for democratic accountability of public administration.
White explaining the importance of judicial control writes: The system of formal external control over officials and their acts falls primarily into two main divisions — that exercised by the legislative bodies and that imposed by the courts. It has strengthened democratic accountability. Whatever the limitations, the legislator enjoys a privileged position vis-a-vis administration. It holds the political and permanent executive accountable to the people through its forums for debates,discussions and polls,etc. But sometimes these groups employ illegitimate means to secure an official favour. This group prepares the annual. If the motion is allowed by the Speaker then the debate is held and at the end of it a vote of confidence is sought by the govt.
There may be a body of expert inspectors too with the duty of making periodical visits to outstations and the authority to carry out a detailed examination of current procedures and results. But the courts cannot interfere in the administrative activities of their own accord. Indian courts have, however, the power to issue injunctions and they freely do so. Legislative Accountability of Administration : Both presidential and parliamentary democracies control their administrative systems through legislatures directly as well as indirectly. Do we need judicial activism to protect our rights? The States Courts hear all cases within the State. Synthesis After successfully completing the course, students will be able to: - generalise the influence of the practice of the Constitutional Court of the Republic of Croatia on domestic public law bodies - anticipate what would happen if administration acted illegally; - formulate consequences of the violation of the European Convention on human rights in the relations between the state and citizens; - propose application of legal sources of European law related to judicial control of administration on a certain case. The liability of the state for the tortuous acts of its servants extends only to the non-sovereign functions and not to sovereign functions.
The earlier it is scrapped, the better it would be. They give a positive and continuous guidance to the administration. . They are also known as department related standing committees of Indian Parliament. In Judicial Precedent the decision made in superiors are binding on subsequent cases in lower courts on the same or similar facts.
Meaning of Discretion Discretion is very necessary to accomplish administrative power because administrative responsibility is also bound up with discretion. The advisory committees, councils or boards are appointed at different levels of administration from the top to the lower levels. After the passage of 'Crown Proceedings Act, 1947', the State is responsible and can be sued for wrongful acts of its employees. Constitution, Executive, Judge 2162 Words 7 Pages Gun control is among the most highly debated topics today. Audit and Report: The activities of government are now-a-days so widespread that the legislature does not have the time for detailed investigation of the financial transactions of administration. He may call for any and every file and issue the direction that no action on particular kind of matters will be taken except by him. Normally the courts do not interfere with purely administrative action unless it is ultra vires in regard to the scope and form.