A simple provision regarding consultation thus assumes importance. If it is found that the person in unlawfully or illegally detained, he will be set free. Diversity of citizenship cases involve. Administrative disputes should be decided from the point of view of public and not from the legal point of view. To control and keep them under the limit of their jurisdiction.
The rule of law doctrine of Dicey is inbuilt in the parliamentary institutionalisation and judicial review practices obtained in India. This is indeed a delicate task assigned to the judiciary by the Constitution. Article 32 1 guarantees the right to move the Supreme Court by appropriate proceedings for the enforcement of fundamental rights. He audits all expenditure from the revenues of the Union or States, incurred in and outside India and ascertains whether moneys shown in the accounts as having been disbursed were legally available for and applicable to the service or the purpose to which they have been applied or charged and whether the expenditure conforms to the authority who governs it. Are guns really the main reason why there is so much crime today? Consent of the Speaker and support by at least fifty members of the House is essential for admitting the motion.
It also enables the opposition to expose the weak points of administration. First we shall take up the study of external controls. Sixth, in parliamentary system the legislature is a tool in the hands of the cabinet. Council of Europe, European Convention on Human Rights, European Court of Human Rights 819 Words 3 Pages have democratic forms of government. It looks at how the approach of taxation and how the constraints of taxation on goods and price controls affect the U.
For instance, courts usually do not review certain type of decisions particularly those concerning administrative discretion. The official in fact should be free from outside interference. But sometimes these groups employ illegitimate means to secure an official favour. The former is characterized by voting after the debate is over: in the latter there is simply a discussion and no voting. They have to brief their Minister to enable him to answer the questions.
Other examples of administrative access controls include personnel registration, recovery plans, and disaster preparedness. It also must be on guard against encroaching beyond its proper bounds, and not the less so since the only restraint upon it is self restraint. Much will, however, depend upon the sense of justice with which the system is accepted and worked. While reviewing the scope of public administration we come across 2 views: a Broader view and b Narrower view A. 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.
He may issue orders to eradicate red-tapism and increase efficiency. In some countries, they even elect the officials. Do you believe this is true? But there are two exceptions, namely: i The prerogatives of the Crown to defend the realm, the administration of armed forces, labours and aliens, and suppression of disorder are outside the field of liability and a certificate from the Government to this effect relieves it of such liability, and ii The state is not bound to produce before the court secret documents by way of evidence. The Ministers have, however, no such immunity and they are, therefore, liable for crimes and torts and are amenable to the ordinary courts. In a democratic country, Preventive Detention Act providing restrictions on the liberties of the people seems most obnoxious. Recall: The system of recall is the logical corollary of the election of officials.
Administration has to function according to the law and the Constitution. Parliamentary Control over Public Administration: In all systems, parliamentary or presidential, control of the administration by the legislature is important. Economics, Employment, Incomes policy 1921 Words 6 Pages Judicial Review: A Double-Edged Sword Judicial Review: A Double-Edged Sword 1. Constitution, Constitutionality, Judicial review 1654 Words 5 Pages Judicial Election Process You May Know the Law But I Own the Judge: Why Congress Can and Should Get Involved in State Judicial Election Reform This article helped me to better understand the American judicial system and the election process of judges. Government of India and Ors. The ostensible purpose of an adjournment motion is to censure the Government and influence its decision. Statutory Appeal The statutes made by Parliament and State Assemblies itself provide that in a particular type of administrative action,'the aggrieved party will have a right of appeal to the courts or to a higher administrative tribunal.
Indian constitution incorporated many provisions to ensure the independence of judiciary. These tools of legislative accountability keep the administrators on their toes and the responsible ministers explain, defend and improve the administration under their charge. The railway authorities make an order to this effect, without consulting interested bodies. The Supreme Court and High Courts are the ultimate interpreters of the Constitution. All things considered, there are numerous concerns with respect to the historical backdrop of task. These 19 committees with 45 members each practically provide opportunity to every Member of Parliament to get involved in the process of legislative scrutiny of all the ministries of government.
In fact, he is the main-spring of administration. It also may lead to inefficiency and corruption. The poor are, in most cases, the helpless victims of the administrative arbitrariness and judicial inaction. Since the administrative machine has today become a complex structure, it is necessary to supplement the external controls by internal controls in order to make the machine work efficiently. Bhagwati, the then Judge of Supreme Court to evolve a comprehensive scheme of legal aid. Therefore, considering the day to day increasing power of the administrative bodies judicial control is become an important area of the administrative law as because the judicial department i. He may wrongly interpret facts or ignore them and thus may act on wrong presumptions.