Question.
Is judicial control necessary in Public Administration? Explain the various possible forms of judicial control over Public Administration.
(UPPSC GS paper 4 2021)
Answer.
Judicial control over public administration means validating functions and decisions of public administration and ensuring they work as per the Constitution.
Yes, judicial control over public administration is necessary as it ensures public administration works within the purview of law and it also prevents the encroachment of personal and social liberty by public administration.
There are various possible forms of judicial control over public administration, some popular methods are:
Judicial Review: In most of the democrats including India, the judiciary has the right to judicial review by the Public Administration or the government. It can make the functions of public administration unconstitutional or illegal if it is not working according to the Constitution. This power of the judiciary helps prevent misuse of power and ensures basic fundamental rights to citizens.
Judiciary Inquiry Commission: In the case of allegations of misconduct such as corrupt work or misuse of power by public administration or public organizations, the Judicial Inquiry is formed which investigates allegations and recommends legal action in the case of law violations.
Lokpal Adalat: The Lokpal court is a suggestion or recommendation to improve the Goods or services to investigate complaints from the public against the public administration.
The above is the possible form of judicial control over public administration which is necessary for public administration to work within the established rules and for the public's welfare.
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