Checking Over Administrative Discretion For Effectiveness

Advocate Arjun *

Assembly Building (component of Capitol Complex) at Chingmeirong :: Pix - Daniel Chabungbam

What about and cause of Administrative law:

After the ideas of WELFARE STATE and the Principles of LAISSEZ FAIRE AND INDIVIDUALISM were established in the world, there had been tremendous increase in the State activities. Such increases in the activities of the State, a State needed to have several dimensions in Governance and accordingly and subsequently a series of administrative problems and issues were too coming up.

Therefore, to meet these new challenges of administration in the State, State needed new wide discretionary powers and therefore, provided many Administrative Authorities. At the same time, there needed certain mechanism to control and check the balancing discretion of the State authorities and to have freehand administrative discretion for effectiveness. Otherwise, it might have negative impacts that could become new despot i.e. absolute ruler.

Hence, the main objectives of the Administrative Law are to find out the ways and means to control the Administrative authorities for an effective Administration Justice. Thus, the Administrative Laws play a very important role in strengthening the existing methods of control and finding out a new Method of Control. It protects individuals from the arbitrary and unlawful acts of its Administrative authorities. It has to maintain balance between Administrative Powers and Individual liberty. But the Administrative laws emphasis on the individual‘s rights as well as on the public needs. The Administrative Law is mainly concerned with the Administrative or Executive branch of the Govt. Nowadays; the Administrative Authorities exercise numerous functions. Their powers and functions may be divided into three divisions:
1. Executive/Administrative Powers and Functions,
2. Quasi Judicial Powers and Functions,
3. Quasi Legislative Powers and Functions.

How remedies be provided by Administrative Laws:

The Administrative Laws deal with the remedies available to a person whose certain rights have been infringed or violated by the Administrative Authorities. The remedies provided by the Administrative Law are usually classified into two categories:
A). Constitutional Remedies,
B). Ordinary Remedies.

A). Constitutional Remedies:

The constitutional remedies by way of Writs can be issued by either the Supreme Court (Art. 32) or High Court (Art. 226). In case, if infringement of the Fundamental Rights guaranteed under the Constitution, Part III, the right to move to the Supreme Court itself is a Fundamental Right. The Supreme Court cannot refuse to entertain application seeking protection against such infringement under the Writs of Habeas, Corpus, mandamus, Prohibition, Quo-Warranto etc., maybe appropriate for the enforcement of any of the Fundamental Rights.

The same Writs can also be issued by the High Courts under (Art. 226), for the enforcement of the Fundamental Rights whichever are infringed by the Administrative Authorities to an individual or public. However, moving to the High Court under Constitution Art. 226 is not a fundamental right of the Citizens. If there is a remedy to the applicant/aggrieved, it is the Discretion of the Court. But, within the jurisdiction of Supreme Court filing a case under Constitution Art. 32 is a fundamental right of the applicant. The Supreme Court cannot refuse to entertain the petition seeking protection against the infringing of any fundamental rights. It is noted that the remedy provided under rt.32 is available only for enforcement of the Fundamental Rights while Art. 226 empower the High Court to issue writs and directions for the enforcement of the Fundamental Rights as well as any other purpose.

B). Ordinary Remedy:

Besides the Constitutional Remedies, the aggrieved person has the other ordinary remedies against the unlawful administrative actions. The Ordinary remedies are also called EQUITABIE REMEDIES. Injunctions, Declaration and Damages are the Ordinary Remedies. The scopes of the Administrative laws are expanding day by day. It s very difficult to specify the exact ambit of the Administrative Laws. However, Administrative Laws are mainly concerned with the issues stated above. The Govt. is held liable for the acts of its servants. Art.300 of Indian Constitution makes provisions in respect of the tortuous liability of the Government for the acts of its servants.

Hence, the very significant of the Administrative law is concerned with maintaining ideal balance between the Administrative powers and the Individual liberty. In other positive sense, it is to maintain a balance between the individual liberty and the public goodness. In short, the function of the Administrative Laws is to ensure that the administrative authorities exercise their powers and functions according to the Principles of justice and the existing laws .

DELEGATED LEGISLATION BY ADMISTRATORS/EXECUTIVES:

The State is engaged in bringing about the material welfare of the citizens. The State takes step to abolish illiteracy and unemployment among the youths of the Nation. Abolishing illiteracy and unemployment amongst the youths, Protection of the public Health, Providing assistance to the poor and needy citizens, and carrying free flow trade and commerce and economic activities,.

Due to more complex and overloaded woks of the modern days in developed and developing Nations, there is also over burden responsibilities of the Administration work. The legislatures just could not make /lay down the immediate laws of the specific problems coming up in the mist. The adequate and proper laws are, however very much needed for the immediate problems to be resolved. In such situations, the Administrative / Executive Officers are enjoying the certain discretion to make Delegated legislation to handle the immediate problems in the locality by observing the local needs and demands. Technical strategies, but are not understood as the Legislation. It has to fulfil the gap between the polity and the real social needs of the people.

However, it is also important to control and put a laxman rekha to the Executives. Otherwise, it will result into the development of Arbitrary Executive Powers. Uncontrolled and unguided delegation may result in the excessive and abandonment in the interest of the citizens. So, in a language, we can say that only Quasi-Legislation can be delegated to the Executives if the situation demands. The administrative law is much concerned with the methods of control of the Delegated Legislation.

The object of Administrative Law is to strengthen the existing methods of control and finding out the new methods of controlling mechanism. The Delegated Powers of Legislation is controlled by both the Judiciary and legislature. In short, Administrative Law has the overall powers and functions to guide and control the Administrative responsibilities and works of the people through many Quasi Judicial or Quasi Legislative powers and functions.