Political accountability and administration
Political Accountability and Administration
What is Political Accountability?
Political accountability refers to the mechanisms through which public officials, including politicians and administrators, are held responsible for their actions and decisions by the public, legislature, judiciary, and other oversight bodies. It ensures that power is exercised transparently, ethically, and in accordance with the law.
What is Administrative Accountability?
Administrative accountability is the obligation of public administrators and bureaucracies to act in accordance with established laws, policies, and standards, and to justify their decisions and actions to the relevant authorities or the public.
Relationship Between Political Accountability and Administration
Democratic governance relies on political accountability to ensure that elected officials direct administrative actions properly.
Administration must be responsive not only to political leaders but also to laws, rules, and public expectations.
Political accountability is often enforced through elections, parliamentary oversight, judicial review, and media scrutiny.
Importance
Prevents misuse of power.
Ensures ethical and lawful administration.
Builds public trust.
Improves efficiency and transparency.
Case Laws Illustrating Political Accountability and Administration
1. Marbury v. Madison (1803), United States
Context: A foundational case establishing the principle of judicial review.
Details: The Supreme Court held that it could review acts of the executive branch to ensure they comply with the Constitution.
Relevance: Political accountability is reinforced through judicial review where courts check administrative decisions to ensure legality and constitutionality.
Impact: This case empowers courts to hold administrators and political officials accountable for overstepping constitutional bounds.
2. Ridge v. Baldwin (1964), UK
Context: This case involved the dismissal of a police officer without a fair hearing.
Details: The House of Lords held that administrative decisions affecting rights require procedural fairness (natural justice).
Relevance: This case established the requirement for due process in administrative actions, increasing political accountability by ensuring that officials cannot arbitrarily exercise power.
Impact: It strengthened the legal safeguards against misuse of administrative power and reinforced that administrative decisions must be accountable and fair.
3. Kesavananda Bharati v. State of Kerala (1973), India
Context: As noted before, this case primarily dealt with constitutional amendments.
Details: The Supreme Court established the “basic structure” doctrine, limiting parliamentary power.
Relevance: Political accountability is enhanced by judicial checks on the legislature and executive, ensuring that elected officials do not violate fundamental constitutional principles.
Impact: This ruling upheld the accountability of political branches to constitutional governance, protecting administrative autonomy and citizen rights.
4. Minister for Immigration and Ethnic Affairs v. Teoh (1995), Australia
Context: The case concerned administrative decisions affecting a non-citizen's rights in light of international treaties.
Details: The High Court held that ratified international treaties should be considered in administrative decision-making.
Relevance: This case highlights political accountability by requiring administrators to consider international obligations, promoting transparent and responsible administration.
Impact: It binds administrators politically and legally to uphold international commitments, enhancing accountability.
5. R (on the application of Miller) v. The Prime Minister and Cherry v. Advocate General for Scotland (2019), UK
Context: The Supreme Court ruled that the Prime Minister's advice to suspend Parliament was unlawful.
Details: The Court found that the executive’s action was justiciable and breached constitutional principles.
Relevance: This case shows that political leaders are accountable to the courts and cannot bypass constitutional norms to avoid scrutiny.
Impact: It emphasized the accountability of political executives for administrative actions affecting democratic governance.
6. State of Rajasthan v. Union of India (1977), India
Context: The case involved the dissolution of state assemblies by the central government.
Details: The Supreme Court reviewed the use of Article 356 (President’s rule) and emphasized the need for parliamentary and judicial scrutiny.
Relevance: It reinforces political accountability in administrative decisions where political executives must justify such drastic measures.
Impact: It protects state governments from arbitrary political dismissal and ensures administrative action aligns with democratic principles.
Summary of Lessons from These Cases
| Case | Country | Key Lesson on Political Accountability and Administration |
|---|---|---|
| Marbury v. Madison | USA | Courts check administrative and political power through judicial review. |
| Ridge v. Baldwin | UK | Procedural fairness is essential for administrative accountability. |
| Kesavananda Bharati | India | Limits on political power to protect constitutional governance. |
| Minister for Immigration v. Teoh | Australia | Administration must consider international obligations in decision-making. |
| R (Miller) v. PM and Cherry | UK | Executive political actions are subject to judicial review and constitutional limits. |
| State of Rajasthan v. Union of India | India | Political executives’ decisions to dismiss governments require justification and oversight. |
Conclusion
Political accountability in administration ensures that:
Political officials and public administrators act within the law.
Administrative decisions are transparent and fair.
There is oversight by courts, legislatures, and the public.
Democratic principles are upheld.
These case laws illustrate the mechanisms by which political accountability is enforced, ensuring administration serves the public interest without arbitrary or unlawful exercise of power.
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