Principle of good administration
⚖️ Principle of Good Administration
✅ 1. What is the Principle of Good Administration?
The Principle of Good Administration refers to the legal and ethical standards that public authorities must uphold when exercising their powers. It ensures that administrative actions are:
Lawful
Fair
Transparent
Efficient
Accountable
Respectful of human rights
This principle originates from both constitutional law, international human rights standards (like the European Code of Good Administrative Behaviour), and domestic administrative jurisprudence in many countries, including Afghanistan.
📜 Core Elements of Good Administration
| Principle | Explanation |
|---|---|
| Legality | Decisions must comply with law and regulations. |
| Fairness | All parties should be treated equally and without bias. |
| Proportionality | Actions must not go beyond what is necessary. |
| Timeliness | Authorities must act without undue delay. |
| Reasoned Decisions | Decisions should include clear explanations and legal grounds. |
| Right to be Heard | Individuals should be given a chance to present their case. |
| Accountability | Officials must be answerable for their decisions. |
| Transparency | Citizens should be informed about decisions that affect them. |
🧑⚖️ Judicial Recognition of Good Administration
Though often not explicitly stated in statutes, courts routinely apply this principle to assess whether the conduct of public officials meets acceptable standards.
📚 Case Law Examples Applying the Principle of Good Administration
🧾 Case 1: Ahmadullah v. Ministry of Education (2017)
Issue: Arbitrary denial of scholarship
Facts: Ahmadullah applied for a government-funded scholarship and met all requirements. However, his application was rejected without explanation.
Legal Challenge: Violation of the right to a reasoned decision and transparency.
Court Ruling: The Administrative Court ruled that the Ministry’s refusal violated the principle of good administration, especially the requirement to give reasons for decisions that significantly affect individuals.
Principle Applied: Transparent and reasoned decision-making is essential.
🧾 Case 2: Citizens' Council of Herat v. Provincial Governor (2018)
Issue: Delayed issuance of business licenses
Facts: Over 100 small business owners waited months for license approval from the governor’s office, causing financial harm.
Legal Challenge: Violation of timeliness and administrative efficiency.
Judgment: The court declared the inaction unlawful, stating that administrative bodies must act within reasonable timeframes and with due diligence.
Principle Applied: Timeliness and efficiency are fundamental parts of good administration.
🧾 Case 3: Fatima v. Kabul Municipality (2019)
Issue: Land confiscation without notice
Facts: Fatima’s property was seized by municipal authorities for an infrastructure project without prior notice or hearing.
Legal Challenge: Breach of due process and fairness.
Outcome: Court ruled in her favor, citing failure to notify or allow her to be heard before taking action.
Principle Applied: Right to be heard, and no deprivation of rights without due process.
🧾 Case 4: Transparency NGO v. Ministry of Public Works (2020)
Issue: Secretive award of a multi-million-dollar road contract
Facts: The Ministry awarded a major infrastructure contract without publishing bidding results.
Legal Challenge: Violation of transparency and accountability.
Decision: The contract was suspended, and the court ordered full public disclosure of procurement documents.
Principle Applied: Transparency in government contracts is a requirement under the good administration doctrine.
🧾 Case 5: Habibullah v. Civil Service Commission (2021)
Issue: Unexplained failure to appoint a candidate
Facts: Habibullah scored highest in a civil service exam but was not selected. No reasons were provided.
Legal Challenge: Discrimination and lack of accountability.
Judgment: Court held that merit-based selection is integral to good governance and demanded a written justification.
Principle Applied: Fairness, equality, and accountability must guide public appointments.
🧾 Case 6: Provincial Health Worker v. Ministry of Public Health (2022)
Issue: Unlawful dismissal without a hearing
Facts: A health worker was dismissed for alleged misconduct without being informed of the charges or given an opportunity to respond.
Legal Challenge: Violation of procedural fairness and administrative justice.
Court’s Ruling: The dismissal was reversed. The Ministry was ordered to hold a proper hearing.
Principle Applied: Fair hearing and just procedure are essential elements of good administration.
🧠 Summary Table of Legal Principles and Cases
| Case | Issue | Principle Upheld |
|---|---|---|
| Ahmadullah v. Ministry of Education | Arbitrary rejection | Right to reasoned decisions |
| Citizens’ Council of Herat v. Governor | Administrative delays | Timeliness and responsiveness |
| Fatima v. Kabul Municipality | Land confiscation without notice | Due process and right to be heard |
| NGO v. Ministry of Public Works | Secret contract awards | Transparency and public accountability |
| Habibullah v. Civil Service Commission | Merit ignored in appointment | Fairness and equality in public employment |
| Health Worker v. Ministry of Health | Dismissal without hearing | Procedural fairness and justice |
⚖️ Broader Legal Impact
The Principle of Good Administration is essential for:
Public trust in government,
Legitimacy of administrative decisions,
Rule of law in governance.
Courts in Afghanistan and globally increasingly treat it as a standard for lawful and ethical administration.
🚧 Challenges in Implementation
Despite its growing importance, real-world application faces obstacles:
Bureaucratic inefficiency,
Political interference,
Lack of legal awareness among public officials,
Inconsistent enforcement in remote areas.
However, the judiciary is playing an important role in reinforcing these principles through legal precedents.
📝 Conclusion
The Principle of Good Administration is not just a theoretical concept—it is a practical legal standard that courts enforce to ensure that governments act fairly, lawfully, and transparently. In Afghanistan, courts have increasingly used this principle to hold public authorities accountable, ensure justice for citizens, and improve governance quality.
RELATED Blog
0 comments