Administrative Law: Ensuring Accountability in Governance

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Administrative Law: Ensuring Accountability in Governance

In any modern democracy, the government plays a very large role in people’s daily lives. It makes policies, implements welfare schemes, collects taxes, regulates industries, and provides services like education, healthcare, and transport. But with so much power in the hands of the administration, there is always a danger of misuse or arbitrary actions. This is where administrative law comes in. It acts as a check on government power and ensures that governance remains fair, transparent, and accountable.

At its core, administrative law is about answering a simple question: If the government has power, how do we make sure it does not misuse it? To answer this, administrative law lays down rules and procedures that government authorities must follow while taking decisions that affect citizens.

One of the key principles of administrative law is the rule of law. This means no one is above the law—not even the government itself. When officials take decisions, they must act within the limits of the law passed by the legislature. For example, if a government officer denies a license or cancels someone’s benefit, the decision must be based on legal grounds, not personal bias or political pressure.

Another important feature is natural justice. This ensures that people affected by government decisions get a fair chance to be heard. It also means that decision-makers must remain unbiased. For instance, if a student is accused of malpractice in an exam, the education board cannot simply punish the student without giving them an opportunity to explain their side. Fairness in decision-making is the heart of administrative law.

In India, the judiciary has played a strong role in keeping the administration accountable. Courts have developed tools like judicial review, where they examine whether government actions are legal and reasonable. If an action is found to be arbitrary, discriminatory, or beyond legal powers, the courts can strike it down. Landmark cases like Maneka Gandhi v. Union of India (1978) expanded the meaning of “procedure established by law” to ensure fairness in administrative action.

At the same time, administrative law also recognizes the need for delegated legislation. Since legislatures cannot look into every small detail of governance, they give powers to the executive to frame rules and regulations. But this delegation must be controlled. Too much power in the hands of the executive can undermine democracy. Therefore, courts and legislatures keep a watch on how delegated powers are exercised.

Another vital aspect of administrative law is the growth of tribunals and regulatory bodies. Specialized tribunals—like the Central Administrative Tribunal (CAT) or the National Green Tribunal (NGT)—provide quicker and expert resolution of disputes compared to regular courts. Similarly, regulatory authorities such as SEBI (for securities) or TRAI (for telecommunications) ensure that industries function fairly and consumers are protected.

However, challenges remain. Ordinary citizens often find government procedures complicated and time-consuming. Delays, corruption, and lack of transparency continue to weaken trust in governance. While laws exist on paper, their enforcement is not always effective. Technology can play a big role in addressing this problem. Online portals, e-filing of complaints, and the Right to Information (RTI) Act have already brought some positive changes.

Conclusion:

Administrative law is not just a set of technical rules—it is a safeguard for democracy. It ensures that power is exercised responsibly, citizens’ rights are protected, and fairness is maintained in governance. As governments grow more powerful with technology and regulation, the need for strong checks and accountability becomes even greater. For democracy to thrive, administrative law must keep evolving to strike a balance between efficient governance and protection of individual freedoms. In the end, it reminds us that while governments may hold power, that power must always be exercised in the service of the people, not against them.