• It defines and regulates powers, functions, and duties of administrative bodies and lays down the legal framework for their acts. These laws guarantee the harmony of administrative activities with legislative objectives.

• Example: Companies Act, 2013, controls corporate affairs and administrative procedures to ensure that all companies function within the laid-down legislative framework for corporate governance.

-Oversight Committees

• Different oversight committees monitor and evaluate the performance of the executive in the legislature.

• The committee examines government accounts to ensure money spent for any object is in accord with the assent of the Legislature. It thus audits the financial performance and management of departments of the government.

• Examination of the estimates of expenditure and reviewing efficiency and economy in outlaw expense of the government to assess whether priorities of the legislature have been properly reflected.

-Legislative Questions and Debates

• The legislators use questions and debates as their weapons to checks and control administrative actions.

• Members put questions to ministers about the working of their departments and their policies, thereby making available to the people through parliament, all relevant information regarding the functioning of the administration.

• In respect of administrative policies and decisions, there is legislative debate wherein the members can express their concerns regarding the actions of the executive.

-Legislative Control through Budget Approval

• It is one of the principal ways in which the legislature exercises control over money expenditure and policy implementation by the administration.

• The Appropriation Bill must be passed by Parliament, delegating consent to government expenditure. This procedure of approval makes certain money spending is done in accordance with legislative consent and oversight.

• Examination of proposals on taxation and fiscal policy initiatives that have an impact on the administrative revenue and expenditure decisions.

Review of Administrative Decisions

• The legislature may review and influence administrative decisions through inquiries, reports, and resolutions.

• These may be in the form of committees or individual members' inquiries into specific administrative matters, with reports that go on to recommend changes in policies, administration, or even amendments to the Law.

• The Legislature may adopt resolutions to give directions or opinions regarding certain administrative actions or policies, which affect executive decision-making.

Judicial Review and Legislative Control

• Though judicial review is an indirect method of legislative control, it supplements legislative oversight in ensuring that administrative actions conform to legislative intent and legality.

• The courts examine the legality and constitutionality of administrative actions vis-à-vis their conformity with legislative enactments.

• Judicial interpretations of legislative intent guide the application of laws, influencing administrative practice.

Parliamentary Oversight

Parliamentary control, as an integral part of Indian Administrative Law, is a mechanism by which the executive is ensured to work within the bounds of legality and the Constitution, adhering to democratic principles and remaining accountable to the people. It upholds the rule of law in India. Parliament, through different mechanisms of surveillance, review, and control over executive actions, sees that the administrative functions are transparent, accountable, and in tune with legislative intent.

1. Committees of Parliament

Public Accounts Committee

• It has the mandate to examine the government expenditures to ensure that they are in conformity with parliamentary authorization and that public funds are properly utilised.

• It examines the reports of the Comptroller and Auditor General of India and, from such reports, selects those matters in regard to which it wants further information or cuts in expenditure or other corrective action to be taken and takes evidence thereon.

Estimates Committee

• The committee examines the estimates of Government expenditure laid before Parliament.

• It assesses how much such expenditure aligns with the legislature's objectives and recommends improvements for better financial management and operational efficiency.

Public Undertakings Committee

• The committee exercises control over the performance and financial health of public sector undertakings.

• This committee accesses the operational efficiency and fiscal management of these undertakings to make them serve the public interest appropriately.

2. Question Hour

• One of the most significant aspects of parliamentary proceedings by which members may question the ministers on administrative acts and policies.

• Members may put these questions for eliciting information, redressal of grievances, and pinning responsibility on the executive about their decisions and administrative actions.

3. Debates and Discussions

• The debates of the Parliament embrace matters of general interest including administrative acts and policies.

• It makes possible the critical examination of the administrative practices and encourages the initiation of reforms or remedial measures, wherever required.

4. Legislative Motions and Resolutions

• The members are empowered to move motions and resolutions pertaining to certain administrative issues or policy matters.

• The motion attracts detailed discussion on the subject and may culminate in some amendment of the legislation or administrative reform, in accordance with the parliamentary deliberations.

5. Legislative Enquiries and Reports

• Parliament may constitute inquiry committees to look into particular matters or allegations about administrative functions.

• The findings and recommendations of the committees usually motivate any reforms or corrective steps to be taken in the administration.

6. Approval of the Budget

• Parliament approves of the budget, outlining government expenditure and sources of revenue.

• Through the examination of the budget, Parliament gives input into where public resources would be allocated and the manner in which they would be spent, thereby setting any administrative priorities and activities.

7. Legislative Scrutiny of Delegated Legislation

• Parliament examines rules and regulations made by administrative agencies under delegated powers.

• Such scrutiny makes certain that the delegated legislation remains within the statutory framework approved by Parliament and does not go beyond powers granted.

8. Impeachment and No-Confidence Motions

• Parliament is empowered to remove high officials, such as the President, Vice-President, or any other senior official, through impeachment or no-confidence motions.

• These processes guarantee the accountability of important functionaries and their removal in case of their conviction on the charge of misconduct or loss of parliamentary confidence.

Statutory Interpretation and Administrative Law

In Indian administrative law, statutory interpretation plays the role of how laws are applied and enforced. It is the procedure by which legislative texts are interpreted in view of their correct application by the administrative body and the courts. One of the fundamental building blocks of Indian administrative law is the interpretation of statutes. It thus necessarily forms an indispensable part of both exercises of judicial review and of administrative decision-making.

-Principles of Statutory Interpretation:

Literal Rule

• A literal rule requires a statute to be construed according to the ordinary meaning of its language.

• Courts and administrative agencies use this rule if the words used in the statute are clear, plain, and free from ambiguity. For instance, particular terms in a statute are comprehended directly based on their everyday meanings.

Purposive Rule

• This rule deals with the interpretation of a statute in accordance with the purpose or object behind it.

• If the literal rule leads to a decision which is contrary to the purpose of the statute, then the purposive rule helps in interpreting the text to serve the legislative intent. For example, a statute enacted to protect the health of the public should be interpreted to carry out the said purpose.

Ejusdem Generis

• This principle means that a general term following specific terms in a statutory list is understood to mean in context with the specifics.

Noscitur a Sociis

• This principle takes the meaning of a term in relation to other terms around it in the statute.

-Judicial Interpretation in Administrative Law:

Judicial Review

• The judiciary in a system of judicial review analyzes whether the actions of administration are in conformity with statutory provisions and principles of natural justice.

• Courts interpret statutes to ascertain whether administrative decisions are within legislative intent. For instance, if it is established that an administrative decision has acted ultra vires of a statute, it will be struck down by the courts.

Doctrine of Ultra Vires

• The doctrine holds that any action of the administration which is beyond the powers conferred by a statute is null and void.

• Courts interpret the statutory provisions to define the extent of administrative power. Any actions taken beyond these limits are considered ultra vires and can thus be judicially reviewed and struck down.

-Statutory Interpretation in Administrative Practice:

Rule-Making by Administrative Agencies

• The right of the administrative agencies to adopt rules and regulations in connection with an enabling statute.

• Agencies are required to interpret statutes so as to create rules in accordance with legislative intent. For instance, an environmental protection statute requires that rules be created that efficiently advance environmental preservation.

Discretionary Powers

• Statutes often provide discretionary powers to administrative bodies to act within the framework furnished by statute.

• Administrative decisions should be founded on a proper interpretation of statutory provisions conferring the discretion. Decisions under an erroneous interpretation are open to judicial review.

-Consequences of Statutory Interpretation upon Administrative Actions:

Direction to Administrative Decisions

• Statutory interpretation guides the application of the law by the administrative body.

• Proper interpretation ensures that the administrative decisions are legally valid and in accord with the legislative aims. A misinterpretation may mean that a decision is ineffective or unlawful.

Consistency and Fairness

• Proper interpretation of the statutes would ensure that the administrative actions are lawful and equitable.

• The principles of statutory interpretation will, therefore, ensure that the administrative agencies make decisions that are not only fair but consistent with the legal standard.

Human Rights and Administrative Law

While Administering Justice and Govern, the Articulation of Human Rights and Administrative Law takes a leading role. The principles of human rights have to be factored into the administrative law so that activities and decisions of the administration are impregnated with the spirit of fundamental rights.

Impact of Human Rights on Administrative Law:

-Increased Accountability

• Human rights standards acknowledge that the executive agencies of the administrative branch at all levels have to act openly and accountably, with an assurance that none of their decisions would violate any individual rights and freedoms.

-Promotion of the Rule of Law and Fairness

• The application of human rights imposes on the state to uphold the rule of law and ensures that the transactions between the state and its subjects are by fair administrative procedures. This is also bound to comply with principles of natural justice, which guarantee a fair hearing.

• All administrative decisions derogatory to personal liberty have to be in accordance with the due process; thus, giving a chance to be heard in regard to the application of the decision in question.

-Judicial Review

• Courts are major guarantors of respect for human rights in the event of administrative action. Judicial review mechanisms act as a brake on administrative power, protecting individuals from rights violations.

• Courts can void administrative actions that are contrary to human rights such as arbitrary arrest or policies/practices that are discriminatory in nature.

Challenges:

-Gaps in Implementation

• It is possible to have little meaningful translation into practice of human rights norms within administrative practices. Agencies may not have requisite training or awareness of human rights obligations.

-Bureaucracy Rigidity

• The rigid bureaucratic structure and processes are not easily amenable to the integration of human rights into routine administrative operations.

-Conflicting Interests

• Reconciling respect for human rights with other administrative objectives can engender conflicts.

-Lack of Human Rights Awareness and Training

• Low levels of human rights awareness and training among administrative officials can lead to violations and a poor execution of policies relating to rights.

Actions:

-Training and Capacity Building

• Extensive training programs for administrative officials to sensitize them on human rights and their proper integration in administrative practices.

• Example: Periodic workshops and seminars on human rights law and its implications for administrative actions.

-Legislative Reforms

• Enact and amend legislation to bring administrative practice into closer conformity with human rights standards; this would entail updating administrative laws to include explicit human rights safeguards.

• Example: Providing amendments to administrative procedure laws in order to enshrine safeguards of human rights.

-Judicial and Administrative Oversight

• Ensure that stronger mechanisms for judicial and internal administrative review for compliance with human rights standards are established.

• Example: Establishment of human rights commissions or ombudsman offices that will monitor and review administrative actions.

-Public Awareness and Advocacy

• Undertake promotion of public awareness about human rights and administrative justice so that the people begin to assert their rights and claim redress.

• Example: Public campaigns and legal aid initiatives aiming at raising awareness about rights and procedures in case of violations or grievances.

-Integration of Policy

• Build human rights into policy decision-making processes to ensure respect and promotion of human rights by means of administrative policies and practices.

• Example: Designing human rights impact assessment in respect of new administrative policies or regulations.