Role of Congress in administrative law
Role of Congress (Parliament) in Administrative Law
The Parliament plays a crucial role in shaping administrative law by:
Legislative Framework Creation: Parliament enacts laws that establish administrative agencies, define their powers, duties, and procedures.
Delegation of Powers: Parliament often delegates legislative powers to administrative authorities through enabling or delegated legislation.
Control and Oversight: Parliament exercises control over administrative agencies via committees, questions, debates, and amendments.
Judicial Review Facilitation: By framing statutes, Parliament sets the scope for judicial review and grounds for challenging administrative actions.
Protection of Fundamental Rights: Through legislation, Parliament ensures administrative actions conform to constitutional mandates.
Detailed Case Laws
1. A.K. Kraipak v. Union of India (1969)
Facts: The case involved the selection process for appointing members to a State Public Service Commission.
Issue: Whether the selection process violated the principles of natural justice.
Judgment: The Supreme Court held that administrative authorities must act fairly and impartially, and their decisions are subject to judicial review if there is bias or arbitrariness.
Significance: This case reaffirmed the role of Parliament in establishing administrative bodies but emphasized that such bodies must function within the limits of natural justice, as protected by the judiciary.
2. Rajasthan State Electricity Board v. Mohan Lal (1967)
Facts: The petitioner challenged the appointment of members to the Electricity Board under an Act passed by Parliament.
Issue: Whether the powers delegated by the legislature to administrative authorities could be challenged.
Judgment: The Supreme Court ruled that Parliament can delegate powers to administrative authorities but such delegation must be reasonable and within constitutional bounds.
Significance: Established that Parliament’s delegation of powers is legitimate but must follow the doctrine of “reasonableness,” ensuring administrative law respects constitutional safeguards.
3. Union of India v. R. Gandhi (2010)
Facts: The case involved the appointment of a chairman to the Telecom Regulatory Authority of India (TRAI) and the power of Parliament to regulate such appointments.
Issue: Whether administrative appointments made under Parliamentary statutes can be reviewed.
Judgment: The Court held that appointments under Parliamentary enactments must adhere to principles of fairness and reasonableness, and Parliament’s role includes framing such norms.
Significance: Showed how Parliament designs the framework for administrative functioning and the importance of judicial oversight over administrative decisions within that framework.
4. Vineet Narain v. Union of India (1998)
Facts: The case dealt with the independence of the Central Bureau of Investigation (CBI) and administrative control exercised over it by Parliament through statutes.
Issue: Whether Parliament’s laws ensured autonomy of the CBI from executive interference.
Judgment: The Supreme Court emphasized that Parliament must enact laws guaranteeing administrative bodies’ independence to prevent misuse of power.
Significance: Highlighted Parliament’s role in legislating administrative autonomy and accountability, balancing executive power and the need for impartial administration.
5. L. Chandra Kumar v. Union of India (1997)
Facts: Challenged the constitutional validity of tribunals established by Parliament for administrative adjudication.
Issue: Whether Parliament can exclude judicial review of administrative actions by tribunals.
Judgment: The Supreme Court held that Parliament can create tribunals but cannot exclude judicial review altogether, as it is a basic feature of the Constitution.
Significance: Demonstrated Parliament’s power to create administrative adjudicatory bodies but underscored the judiciary’s role in supervising such bodies to maintain constitutional governance.
Summary
Parliament establishes the legal framework for administration.
It delegates powers but under constitutional limits.
It ensures accountability and independence of administrative agencies.
It cannot exclude judicial review entirely.
Judicial decisions in these cases act as a check on legislative power, ensuring administrative law respects constitutional principles.
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