"The Policy and Guideline Theory' presupposes delivery of justice by quasi-judicial authority." Elaborate it.

Understanding the Policy and Guideline Theory

The Policy and Guideline Theory essentially states that when an administrative body acts in accordance with a pre-existing policy or guideline, that policy or guideline itself becomes open to judicial review. The authority's decision-making process is scrutinized not only for adherence to the procedure but also for the reasonableness and legality of the underlying policy. This distinguishes it from situations where an authority exercises its discretion without a defined framework. The theory’s roots lie in the need to prevent abuse of power and ensure fairness in administrative actions.

The Role of Quasi-Judicial Authorities

Quasi-judicial authorities, such as tribunals, commissions, and certain regulatory bodies (e.g., the Central Electricity Regulatory Commission - CERC), possess adjudicatory functions. They hear disputes, examine evidence, and render decisions that are binding on the parties involved. The Policy and Guideline Theory is particularly relevant to these bodies because they often operate within the framework of established policies and guidelines. The theory presupposes that these authorities are not merely implementing pre-determined decisions but are exercising a reasoned judgment within a defined structure.

Why Quasi-Judicial Delivery Requires Scrutiny

• Fairness and Natural Justice: The theory ensures that individuals affected by decisions made by quasi-judicial authorities are treated fairly. The authority must demonstrate that the policy or guideline was formulated fairly and applied consistently.
• Accountability: It holds quasi-judicial authorities accountable for the policies they implement. If a policy is found to be arbitrary, discriminatory, or unconstitutional, the authority’s actions based on that policy can be challenged.
• Transparency: The existence of a policy or guideline inherently promotes transparency. The public has a right to know the rules governing administrative action.
• Judicial Review: It allows courts to review the legality and constitutionality of the policy itself, not just the decision taken in its application.

Illustrative Examples & Case Laws

Consider the case of Union of India v. Prabha Shankar Panday (1998), where the Supreme Court emphasized the importance of transparency in administrative action and acknowledged the increasing importance of judicial review of policies. This case laid the groundwork for the application of the Policy and Guideline Theory.

Another relevant example is the National Highways Authority of India (NHAI) land acquisition process. If NHAI acquires land based on a pre-defined policy regarding compensation and resettlement, that policy itself is subject to judicial scrutiny if challenged by affected landowners. The courts would assess whether the policy is fair, reasonable, and consistent with constitutional principles.

Challenges and Criticisms

While the Policy and Guideline Theory strengthens administrative accountability, it also presents challenges:

• Defining "Policy" and "Guideline": Determining what constitutes a policy or guideline can be difficult. Broadly worded instructions can be problematic.
• Overreach of Judicial Review: Excessive judicial scrutiny of policies might hinder administrative efficiency and decision-making.
• Policy Formulation vs. Application: Striking a balance between reviewing the policy's formulation and its application is crucial. Courts must avoid substituting their judgment for that of the administrative authority.

The Framework: A Table

Aspect	Before Policy and Guideline Theory	After Policy and Guideline Theory
Judicial Review	Limited to procedural fairness and decision-making process.	Extends to the legality and reasonableness of the underlying policy/guideline.
Accountability	Primarily focused on individual decisions.	Extends to the formulation and implementation of policies.
Transparency	Less emphasis on transparency of policies.	Increased emphasis on transparency and public access to policies.

Relevance to the Present Context

The recent emphasis on “Ease of Doing Business” and deregulation initiatives necessitates a careful balance between promoting economic growth and ensuring fairness and accountability in administrative action. The Policy and Guideline Theory remains a vital tool for safeguarding constitutional values in this context. The government’s efforts to streamline processes through standardized guidelines must be accompanied by mechanisms for transparency and judicial oversight.

Scheme: e-Governance Initiatives

The government's e-Governance initiatives, such as the National e-Governance Plan (NeGP), aim to enhance transparency and accountability in administrative processes. These initiatives often involve the publication of policies and guidelines online, making them accessible to the public and facilitating judicial review. The year 2006 marked the launch of NeGP.