Administrative law and NHRC’s role
Administrative Law:
Administrative Law governs the activities of administrative agencies of government. It deals with the decision-making of administrative units of government (such as tribunals, boards, or commissions) that are part of the executive branch.
Purpose: To regulate the powers and duties of administrative authorities, ensure their decisions are fair, just, and in accordance with law.
Scope: It includes rule-making (regulations), adjudication (decisions), enforcement of regulatory agendas.
Principles:
Natural Justice: No one should be condemned unheard (audi alteram partem) and there should be no bias (nemo judex in causa sua).
Reasonableness: Administrative decisions must be reasonable.
Judicial Review: Courts can review administrative actions to ensure legality, fairness, and reasonableness.
NHRC: Role and Function
The National Human Rights Commission of India (NHRC) was established under the Protection of Human Rights Act, 1993. It is a statutory body responsible for the protection and promotion of human rights in India.
Functions:
Inquire into complaints of human rights violations or negligence by public servants.
Visit jails and detention centers to review living conditions.
Promote human rights awareness.
Recommend remedial measures or compensation.
Advise government on human rights matters.
The NHRC acts as a watchdog and also works to influence administrative bodies for compliance with human rights standards.
Important Case Laws Illustrating Administrative Law and NHRC’s Role
1. Maneka Gandhi v. Union of India (1978)
Facts: The government impounded Maneka Gandhi's passport without giving her a reason.
Issues: Whether the impounding violated the right to personal liberty under Article 21 of the Constitution and whether the principles of natural justice were followed.
Held: The Supreme Court expanded the scope of Article 21 (Right to Life and Personal Liberty), stating that any law depriving a person of liberty must be "just, fair, and reasonable" and must follow the principles of natural justice.
Significance: This case laid the foundation for fair administrative action and established that administrative decisions affecting rights must be just, reasonable, and follow due process.
2. S.P. Gupta v. Union of India (1981) (The Judges Transfer Case)
Facts: A public interest litigation challenged the arbitrary transfer and appointment of judges without transparency.
Issue: Whether administrative actions in judicial appointments could be subjected to judicial review.
Held: The Court held that administrative decisions, including transfers, appointments, and promotions, are subject to judicial review if there is arbitrariness or mala fide intent.
Significance: It reinforced that administrative decisions must be reasonable and free from bias, with accountability.
3. People’s Union for Civil Liberties (PUCL) v. Union of India (1997)
Facts: PUCL filed a petition regarding illegal detention and torture by police.
Role of NHRC: NHRC was involved in investigating the case and submitting reports.
Held: The Supreme Court laid down guidelines for preventing custodial torture and emphasizing the responsibility of administrative agencies (police) to protect human rights.
Significance: It exemplifies NHRC's role in safeguarding human rights and influencing administrative reform.
4. D.K. Basu v. State of West Bengal (1997)
Facts: Allegations of custodial torture and death were raised.
Held: The Supreme Court gave detailed guidelines to be followed during arrests and detention to prevent custodial torture.
Significance: This judgment strengthened administrative accountability and human rights protection, with the NHRC playing a vital monitoring role.
5. Chairman, Railway Board v. Chandrima Das (2000)
Facts: A railway employee sexually assaulted a foreign national, Chandrima Das, within the railway premises.
Issue: Whether the State was liable for the human rights violation on government property.
Held: The Court held that the State is responsible for ensuring safety and protection within its premises and that victims have a right to compensation.
Significance: It showcased administrative liability and the NHRC's role in recommending compensation and reforms.
6. People’s Union for Democratic Rights v. Union of India (1982)
Facts: The PUHR challenged exploitative working conditions in a factory.
Held: The Supreme Court held that the right to livelihood is part of the right to life under Article 21 and administrative agencies must protect workers' rights.
Significance: This case expanded the scope of administrative accountability to include socio-economic rights and emphasized NHRC's mandate to protect such rights.
Summary of NHRC’s Role in Administrative Law
Acts as a quasi-judicial body investigating human rights violations by administrative agencies.
Recommends reforms and compensation, influencing administrative policy.
Ensures administrative bodies comply with constitutional and human rights standards.
Plays a critical role in custodial justice, police reforms, and protection of vulnerable groups.
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