Administrative Law: The Power Struggle

**Navigating the Maze of Executive Control in India** As an AILET aspirant, you're already familiar with the concept of Administrative Law. But let's dive deeper into this fascinating world where power struggles between citizens, the executive, and the judiciary play out. Imagine your Papa, a seasoned lawyer, walking into a courtroom with a clever argument that leaves the judge in stitches – that's what Administrative Law is all about.

Key Concepts and Principles

Administrative Law is the set of rules and regulations that govern the functioning of the executive branch of government. In India, this is primarily governed by the Constitution of India, which divides power between the Legislature, the Executive, and the Judiciary. The Administrative Tribunals Act, 1985 established the framework for administrative tribunals to resolve disputes between citizens and government agencies. When it comes to rule-making, the executive has significant powers, but not absolute ones. The Constitution of India empowers the Parliament to make laws on any subject, but the President can also issue ordinances to bypass Parliament. These ordinances are subject to judicial review, as seen in the landmark case of State of West Bengal v. Committee for Protection of Democratic Rights (2002).

Judicial Review and Checks on Power

Judicial review is the process by which courts review the actions of the executive to ensure they remain within the bounds of the law. In India, the Supreme Court and high courts exercise this power. In the case of Minerva Mills Ltd. v. Union of India (1980), the Supreme Court held that the President's power to issue ordinances was not absolute and could be challenged in court. The executive also has the power to appoint officials, but the court can review these appointments to ensure they are not arbitrary or motivated by malice. In Supreme Court Advocates-on-Record Association v. Union of India (2015), the Supreme Court held that the Collegium system of appointing judges was not unconstitutional, but the court could review the process to ensure it was fair and transparent.

Redressal Mechanisms and Accountability

Administrative Law also deals with the mechanisms for redressal of grievances against the executive. In India, the Right to Information Act, 2005 empowers citizens to access information held by the government. The Central Information Commission and State Information Commissions are established to handle complaints and appeals related to RTI. In addition, the National Human Rights Commission and State Human Rights Commissions are established to investigate complaints of human rights violations by government agencies. These commissions have the power to recommend action against erring officials and even order compensation to victims.

Conclusion

Administrative Law is not just about rules and regulations; it's about the power struggle between citizens, the executive, and the judiciary. As an AILET aspirant, it's essential to understand the intricacies of this area of law and how it impacts our lives.