GM Friend,
CONTROL OVER PUBLIC ADMINISTRATION -The wings of Government : legislative , executive ,judicial ,parliamentary & community control over public administration in India.
CONTROL OVER PUBLIC ADMINISTRATION IN INDIA - Since public administration in India is an instru- ment in the hands of the Government for ruling the country, it is but natural that it should be controlled by all the three wings of the Government: legislative, executive and judicial.
Besides, because public administra- tion has grown enormously in size and importance, all the more need for supervising and controlling it.
In practice it is found that there are other factors which also exer- cise control, in-directly, over administration.
Such items are: public opinion, professional standards and the nature of the society.
Legislative control Over Public Adminitstration
In a democracy, legislature is supreme and represents the will of the people.
So it is natural that the legisla- ture should have effective control over the executive and its instrument, the public ad- ministration.
It is well known that the legislature prescribes broad policies of admini- stration through laws, resolutions and other means.
It provides the Government with funds and hence regulates public administra tion through the budget.
Control of public administratios, Ho ever, in reality, the legislature itself is co led by the political executive since many t the bills passed in the legislature orig from the Government.
It is also pointed that the critical role of the Parliament in sing and controlling the affairs of the Gevers ment is steadily losing its effectiveness.
The tools of legislative control over public admi stration are: budget; questions (during Question Hours); motions (adjournme mot on, censure motion etc.); and parliam ary committees such as Public Accounts Committee, Estimate Committee, Commit on public undertakings, Committce on Subor dinate Legislation and Committee on Aus rances.
Although powers of legislative control appear formidable, the legislature does not exercise effective control over adminis ration for several reasons.
In India, the ruling party generally controls the legislature and the exe cutive; besides legislature does not have the staff or expertise required to exert meaningfu control over administration.
The executiv privilege, particularly the secret file system puts a check on the legislature's control on administration's actions.
Executive Control Over Public Adminitstration
Public administration is the long arm of the executive. It is but natural that the political executive, ie. the Ministry of Cabinet should exercise real and effective control over public administration.
In fact the bureaucracy, Le. civil servants, are really the servants of the executive Govern ment.
Although the civil servants do enjoy certain protections regarding security of tenure, pay and allowances, in the perfor mance of their normal functions, the executive can control civil servants, not only for good but even for evil.
The traditional tools of executive control over public administration are power of appointment and removal: rule-making power; ordinance: civil service rules: budget: appeal to public opinion; and staff agencies.
Judicial Control Over Public Adminitstration
The judiciary, being one of the wings of the Government, exercises control over public administration, mainly in ensuring the legality of their actions and decisions.
In this respect the primary objec tive of judicial control over public adminis tration is protection of fundamental rights and private rights of citizens. Without judicial control over administration, there will not be proper safeguards against abuse of power by the executive and public administation.
The concept of rule of law is the real source of judicial control over public administration.
According to this concept, "every official from the Prime Minister down to a constable or the collector of taxes is under the same res- ponsibility for every act done without legal justification as any other citizen" -(A.V. Dicey).
The courts can intervene in any of the following cases: (i) Abuse of power. (ii) lack of jurisdiction, (iii) error of law, (iv) error in fact-finding and (v) procedural error.
Thus a citizen can seek remedy in a court in the form of writ petition, suit against Government, suit against public officials on any of the above-mentioned grounds.
It is worthnoting that personal protection is not available to officials other than the President, Governors and Judicial Officers for the public acts performed by them.
The writs of Habeas Corpus, Mandamus, Prohibition, Certiorari and Quo Warranto are extraordinary remedies to exercise judicial control over executive acts.
However, there are serious limitations on the Courts' powers to interfere with or limit decisions of the public administration.
In the first place courts will not intervene of their own accord : only the affected parties can approach the court for relief. Secondly, the judicial. control is mostly after the execution of decisions or occurrence of events.
In parti- cular, the courts are generally helpless in matters relating to law and order and viola- tion of personal liberty springing from the Government action in this regard.
Thirdly, judiciary may be statutarily prevented from considering the validity of rules and regula- tions in certain matters.
Finally the courts are reluctant to interfere with the adminis- tration in any and every matter.
Parliamentary Control Over Public Adminitstration
Parliamentary control over public administration in India refers to the practice of giving Parliament, rather than individual state legislatures or executive councils, a significant degree of authority and power with respect to the administrations.
In 1988, further amendments were made which expanded parliament's authority through Articles 253-257 (later renumbered as Articles 239-243).
These articles provide that Parliament can make laws defining its own powers and ; set up committees on various matters such as finance, information technology etc.; appoint officials at central level; initiate disciplinary proceedings against officers below them; pass resolutions dissolving state assemblies or making powers etc.
In India, the parliamentary system of government is the primary form of government.
This means that Parliament (the lower house) has a great deal of control over public administration in India.
The Indian Constitution places considerable power in the hands of Parliament, and it typically adopts legislation proposed by the Prime Minister or his/her cabinet ministers.
Parliament also makes decisions regarding matters such as national security, foreign policy, and economic affairs.
In addition to making laws, Parliament can question officials about their performance and impeach them if they are found guilty of misconduct or corruption.
This type of Parliamentary control is unique to India because most other countries have either a presidential system (where one person wields absolute power), or a quasi-presidential system (in which political leaders retain some influence but are ultimately subject to checks and balances from an independent judiciary).
Thus, understanding how Parliamentary control works in India is essential for anyone interested in governance issues throughout Asia!
Community's Control Over Public Adminitstration
Community control over public administration has been a key demand of people in India for many years.
This is due to the fact that community members are often more aware and engaged with their local government than officials who are stationed far away from the populace.
Community engagement enhances accountability, transparency, and responsiveness to the needs of citizens.
It also helps ensure that public resources are used in an effective and efficient manner.
So how does community control work?
There are two main types of community control - participatory democracy and cooperative governance.
Participatory democracy allows communities to directly participate in decisions made about their lives by voting on issues that concern them.
In cooperative governance, communities work together towards common goals without demanding full ownership or management rights over government services or assets.
Both models have proven to be successful in India, but each has its own unique features that should be taken into account when designing a system of community control:
-Participatory democracy is best suited for small villages or urban neighborhoods where residents feel connected to one another and have enough political power (or knowledge) to make meaningful decisions about their lives."
Co-operative governance works better for larger jurisdictions where residents live scattered across districts or regions, don't have much political power, or lack awareness about local government activities."
Community's control over public administration in India is a newly formed topic.
It will be interesting to know the opinion of community members on their experience and perception towards this concept.
Public administration refers to all those activities that are carried out by government entities with the aim of serving the common interests of citizens.
In theory, it should be an open and transparent system where everyone has a say, and where decisions are made based on input from all interested parties.
However, in reality, many people feel that this isn't always the case...
Output:
Many people believe that community control over public administration is one of India's most successful innovations.
This system allows for greater transparency and involvement from citizens in the decision-making process than ever before.
Community representatives have direct access to government officials, so they can hold them accountable for their actions.
This helps to ensure that policies reflect the needs of ordinary Indians rather than just powerful special interest groups or politicians who may be benefiting from current conditions or trends.
Conclusion :-
This strong level of oversight helps ensure that control over public administration in India is conducted efficiently and effectively, while also protecting the rights and interests of Indian citizens
