Ethics in Public Administration

Is Judicial Control Necessary in Public Administration?

**1. Ensures Accountability: Judicial control is crucial for ensuring accountability in public administration. It acts as a check on the executive and legislative branches, preventing the abuse of power and ensuring adherence to laws. For example, the Supreme Court of India intervened in the Sabarimala Temple case to uphold the constitutional right to equality, ensuring that administrative decisions comply with fundamental rights.

**2. Protects Fundamental Rights: Judicial control is essential for the protection of fundamental rights of individuals. Courts can review administrative actions to ensure they do not infringe upon citizens’ rights. In the case of the Aadhaar Act, the Supreme Court upheld the Act but imposed restrictions to protect privacy, demonstrating judicial oversight to balance administrative efficiency with individual rights.

**3. Promotes Good Governance: Judicial control fosters good governance by ensuring that public administration functions within the legal framework and adheres to principles of fairness and transparency. For example, the RTI (Right to Information) Act has been upheld and enforced through judicial interpretations, promoting transparency in administration.

Forms of Judicial Control

**1. Judicial Review: This form allows courts to review the legality of administrative actions and decisions. For instance, in the Kesavananda Bharati case, the Supreme Court reviewed the constitutional amendments to ensure they did not alter the basic structure of the Constitution.

**2. Writ Jurisdiction: Under Article 32 and Article 226 of the Indian Constitution, individuals can file writ petitions to challenge administrative decisions. Public Interest Litigations (PILs), like the Ganga Pollution case, enable the judiciary to address administrative failures affecting public interest.

**3. Judicial Oversight Committees: Courts may establish oversight committees to monitor the implementation of their orders. In the Delhi Pollution case, the Supreme Court appointed a Green Tribunal to oversee the execution of orders related to environmental protection.

Conclusion: Judicial control is necessary in public administration to ensure accountability, protect fundamental rights, and promote good governance. The various forms of judicial control, including judicial review, writ jurisdiction, and oversight committees, help maintain the balance between administrative power and legal norms, ensuring fair and transparent governance.