Model Answer
0 min readIntroduction
Administrative law, a crucial branch of public law, governs the activities of administrative agencies of government. Its core principles – judicial review, prevention of misuse of administrative power, and provision of suitable remedies – are fundamental to ensuring fairness, accountability, and the rule of law. These principles are not merely theoretical constructs but are actively upheld by the various organs of the State, each playing a distinct yet interconnected role. The Indian Constitution, through its provisions and the evolving jurisprudence, provides a robust framework for safeguarding these principles, ensuring that administrative actions remain within legal bounds and respect citizens’ rights.
The Legislature and Upholding Administrative Law Principles
The Legislature, primarily Parliament and State Legislatures, plays a foundational role in establishing the legal framework for administrative action. This is achieved through:
- Enactment of Laws: Parliament enacts laws defining the powers and functions of administrative agencies, setting boundaries for their discretion. For example, the Administrative Procedures Act (though India doesn’t have a single comprehensive act, various statutes like the Consumer Protection Act, 2019, and the Information Technology Act, 2000, define administrative procedures).
- Delegated Legislation Control: While delegating legislative power to the executive, the Legislature retains control through mechanisms like parliamentary committees to scrutinize delegated legislation (rules and regulations made by administrative agencies).
- Constitutional Provisions: Articles 14, 19, and 21 of the Constitution provide the bedrock for challenging arbitrary administrative action.
The Executive and Upholding Administrative Law Principles
The Executive, encompassing the government departments and administrative agencies, is directly responsible for implementing laws and policies. Its role in upholding administrative law principles includes:
- Rulemaking and Procedures: Establishing clear, transparent, and fair procedures for administrative decision-making. The Right to Information Act, 2005, exemplifies this by promoting transparency and accountability.
- Internal Grievance Redressal Mechanisms: Creating internal mechanisms for citizens to seek redressal against administrative actions. Many departments now have dedicated grievance cells and appellate authorities.
- Adherence to Principles of Natural Justice: Ensuring that administrative decisions are made in accordance with the principles of audi alteram partem (hear the other side) and nemo judex in causa sua (no one should be a judge in their own cause).
The Judiciary and Upholding Administrative Law Principles
The Judiciary is the primary guardian of administrative law principles, exercising its power of judicial review. This is manifested through:
- Judicial Review: The power to review the legality of administrative actions, ensuring they conform to the Constitution and the law. This power stems from Article 32 (for fundamental rights) and Article 226 (for any purpose) of the Constitution.
- Writ Jurisdiction: Issuing writs – habeas corpus, mandamus, prohibition, certiorari, and quo warranto – to control administrative actions.
- Landmark Judgments: A series of landmark judgments have shaped the landscape of administrative law in India.
- Kesavananda Bharati v. State of Kerala (1973): Established the ‘basic structure’ doctrine, limiting the Parliament’s power to amend the Constitution and impacting administrative actions.
- Maneka Gandhi v. Union of India (1978): Expanded the scope of Article 21 to include the right to life with dignity, impacting administrative fairness.
- Indra Sawhney v. Union of India (1992): Judicial review of reservation policies, ensuring they adhere to constitutional principles.
Interplay Between the Organs
The three organs are not isolated entities but operate in a dynamic interplay. The Legislature makes laws, the Executive implements them, and the Judiciary ensures their legality. This system of checks and balances is crucial for preventing abuse of power. For instance, if an administrative order is challenged in court and struck down as unconstitutional, the Legislature may amend the law to address the concerns raised by the judiciary, or the Executive may revise its policy.
| Organ | Role in Upholding Principles | Example |
|---|---|---|
| Legislature | Enacts laws, controls delegated legislation | Right to Information Act, 2005 |
| Executive | Implements laws, ensures procedural fairness | Grievance redressal mechanisms in government departments |
| Judiciary | Exercises judicial review, issues writs | Maneka Gandhi v. Union of India (1978) |
Conclusion
In conclusion, the principles of judicial review, prevention of abuse of administrative power, and provision of remedies are effectively upheld in India through the concerted efforts of the Legislature, the Executive, and the Judiciary. The Constitution provides the foundational framework, while evolving jurisprudence and legislative enactments strengthen the safeguards against arbitrary administrative action. However, challenges remain, including delays in judicial proceedings and the need for greater transparency and accountability in administrative processes. Continuous refinement of these mechanisms is essential to ensure a just and equitable governance system.
Answer Length
This is a comprehensive model answer for learning purposes and may exceed the word limit. In the exam, always adhere to the prescribed word count.