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TOPIC: PROMOTING ACCOUNTABILITY AND TRANSPARENCY: THE ROLE OF ADMINISTRATIVE LAW IN GOOD GOVERNANCE

Publications, Research paper

FIRST TASK – RESEARCH PAPER

BATCH – MAY’ 2024

SUBMITTED BY:   PARAS ADESARA

  MARWADI UNIVERSITY

  3rd YEAR LAW STUDENT

TABLE OF CONTENT

SR NO.
PARTICULARS
PAGE NO.

1
ABSTRACT
3

2
INTRODUCTION
3

3
REVIEW OF LITERATURE
4

4
RESEARCH METHODOLOGY
4

5
(A)ADMINISTRATIVELAWANDGOODGOVERNANCE
5-6

6
(B)ADMINISTRATIVELAW’SFUNCTIONINGOODGOVERNANCE
7-11

7		(C)TRANSPARENCY AND ACCOUNTABILITY’S PRINCIPLE INGOODGOVERNANCE
12-17

8
CONCLUSION&SUGGESTIONS
18
ABSTRACT

The present research paper aims at Administrative law which controls the rights and functions of administrative authorities, ensuring that they work within the law and for the general welfare. As a result, administrative law and good governance go hand in hand setting the aim to run the government smoothly. This research paper aims at mentioning the goals of administrative law that are to be properly coursed by the government to uphold the rule of law, and to hold officials accountable. On the other side, citizen-centric policies, accountability, openness, and involvement are the main focuses of good governance. Accountability, openness, predictability, engagement, efficacy, efficiency, equity, inclusivity, and respect for the law are traits of good governance which are mentioned here in this research paper. This paper thrushes out the Administrative law’s establishment and its boundaries between the state and the individual, to maintains order, to restrains the power of the state, and to offers remedies. Public employees have a responsibility to advance good governance by acting in a just and reasonable manner, highlighting the fundamentals of administrative law.

INTRODUCTION

Administrative law regulates the relationship between individual and state, it provides effective remedies through proper mechanism and that is the goal of good governance i.e., better management for people’s welfare and rule of law. The success of governance depends on how the administration is done. Good Governance must ensure that the supreme rule is made by law and not by individual and for this there is requirement of transparent, fair, and reasonable legal framework without partiality and to maintain rule of law. This study aims to analyze the public’s impact in society and the relationship between administrative law and effective governance. The research objectives that are studied in this research paper is to understand the concept of Good Governance, to analyze the relationship between Good Governance and Administrative Law, to analyze how fair, transparency and impartiality affects the Good Governance and to evaluate the concept of administrative law in good governance.

REVIEW OF LITERATURE

This paper examines the vital connection between good governance and administrative law. This example shows how administrative law can influence the authorities to explain their actions, to be transparent, and to act in accordance with ethical norms when interacting with people who work for the public sector of the economy. The author of the paper contends that administrative law furthers efforts in ensuring that the five principles in the rule of law are enforced, or that corruption is checked, or that more public participation is achieved. In view of the above administrative law at large is very necessary when it comes to the issues of governance because of the establishment of legal grounds on which the servants of the public and the agencies of governance can carry out their activities so as to make the work of governance to be more reliable and effective.

RESEARCH METHODOLOGY

This present paper is based on doctrinal method of research where secondary source of data is used from sources like internet, articles, news headlines, etc. This paper involves analysis of secondary sources of information too such as articles, commentaries, textbooks and other legal materials. This doctrinal approach focuses on examining the legal texts, legal commentaries to understand legal principles, doctrines, and their development.

  1. ADMINISTRATIVE LAW AND GOOD GOVERNANCE:

Administrative law is a proof of a good governance because this law controls all these people who work under the government bodies and government institutions in order to determine that they follow the procedures and principles of the law. This legal framework comprises appeal mechanisms for citizens in case any rights are violated by policies enacted by the government. It helps in minimizing arbitrariness and unfairness of actions by the public bodies in the sense that it prescribes the principle and the set of criteria that should be applied in administrative decision making.

It develops principles for regulating the behavior of administrators; it obliges them to behave honestly, reasonably and in strict accordance with the legal norms governing their actions. Administrative law prevents the government from abusing its power by subjecting its decisions to legal review; that is, the decisions that the government undertakes undergo the legal review in a process known as judicial review’ . Administrative law in particular has a crucial role in good governance since it serves to protect the rights and interests of people affected by the decisions made by the government through processes such as accountability, transparency, and the rule of law inside the administrative infrastructure.

Administrative law is essential to encouraging operative governance because it creates a healthy framework that controls the actions of public officials and authorities. Administrative law creates clear rules, regulations, and moral standards that shield government agencies against misuse of authority and corruption. It offers channels for looking into and dealing with wrongdoing, making that public servants are held responsible for their deeds. The public’s continued confidence in the government and its institutions depends on this accountability.

The fundamental tenets of administrative law are justice, openness, and the defense of individual rights. Administrative law enhances a government’s overall efficacy and legitimacy by respecting these ideals. It creates an environment where people may trust their governmental institutions since decisions are made in accordance with existing laws and regulations. Building a strong relationship between the government and its citizens requires this assurance, which validates the government’s pledge to protecting the public interest.

Good governance has remained a concept that is hard to explain and therefore encompasses the elements as well as activities that dictate effectively and accountably managing public policies and resources. Making and enforcing laws, upholding the best values, government officials’ honesty and responsibility, and citizens’ engagement are the heights of governance. Thus it stands for equality of all people including the people in power and the expression insinuates that people do not believe that the decisions and actions that are being made by the governing bodies are random or not decided based on rules that people play by. Responsibility is one the aspects that must be included and this is the part where citizens can get to the decisions of the government and the process and know how, what and why their government decides to do something. These are mechanisms that are used to express whether or not there is misuse or waste of public resources and also express whether or not some corruption is being checked by expressing whether some government officials or institutions are not following the right procedures.

Moreover, operative government encourages citizen participation by giving individuals a voice in laws, rules, and wits that affect their daily lives. It encourages fairness, inclusion, and moral behavior, guaranteeing that public servants behave honorably and professionally and that government activities do not discriminate. Good governance also fosters sustainable development, predictability, and consistency, which help to stabilize the environment and promote societal progress. Deeply, democratic societies are built on the substance of good governance, which promotes trust between the people and their government while working toward the affluence and well-being of the whole nation.

  1. ADMINISTRATIVE LAW’S FUNCTION IN GOOD GOVERNANCE:

The legal outline that normalizes the conduct of public officials and administrative agencies is established by administrative law, which has a significant impact on good governance. Its impact on good governance can be seen through several key aspects:

  1. The Rule Of Law And Justice: The entire notion of administrative law thus guarantees a just government and the rule of law which inevitably brings by equal application of the law so that every individual, irrespective of his/her social or economic status, stands on an equal footing to the Executive. It helps the citizens to be confident that the powers that the government have are reasonable and the cause is well justified for the government to exert its authority in accordance with rules and regulations that it has instilled on the government to rule with. They also help in raising public trust in government organizations as this predictability and openness in operating support in developing a secure environment in which to operate that is beneficial to business and to citizens. Administrative also law also provides for a citizen to seek redress against an action that the government has taken that violates what a citizen feels is his rights. People are able to make the bureaucrats of public administrations to be accountable in their performance and also to seek redress like through quasi judicial bodies and judicial review. These requirements ensure that certain procedures and guidelines are followed, which then becomes instrumental in promoting fairness and equity because it prevents arbitrary or discriminatory practices by government agencies.
  2. Transparency: Administrative law is employed in implementation of the strategies of transparency in the governmental processes because, agencies are obligated to disclose information relating to the activities undertaken in their operations such as action undertaken, decisions made, actions initiated, rules to be adopted among others This is because, the citizen could be in a position to understand how the government is operating and make an assessment of who deserves credit in case all goes as The citizen is assured of the government, through administrative. This compulsion makes them accountable and also assists in the process of bettering the operations of the governmental system. Citizens can participate in policy discussions, keep an eye on public officials’ performance, and participate in the democratic process when information on government activities is readily available.
  1. Accountability: The development of etiquettes that holds public employees and agencies accountable for their actions depends on administrative law. Ensuring that public officials utilize their responsibilities responsibly and in compliance with the law requires these accountability systems. Establishing administrative tribunals and courts with the power to examine agency judgments and, if necessary, reverse them is one of the main ways administrative law accomplishes this. Agencies are encouraged to make choices that are fair, reasonable, and consistent with their legal responsibilities when they face the possibility of court review. This in turn reinforces the rule of law and public confidence in government institutions. Furthermore, authorities are fortified to make decisions transparently and to give specific explanations for their acts where judicial review is an option. Openness is required to ensure that authorities are held accountable for their activities and to permit public inspection.
  1. Citizen Participation: Participation is the enhancement of the public’s acceptance, accountability, and visibility of government activity and can be characterized as the essence of good government. The practical involvement in what the laws and policy making processes will be like gives an impression of ownership and therefore many persons are willing to be involved and take interest in the outcomes. The focus on the citizens’ interests in this manner increases overall the social contract between the people and the government – that is, if the citizens feel that their voices are being represented and the government considers their opinions when making decisions, then they will generally agree to the final outcomes more willingly. It is for example administrative law in many nations demands certain levels of involvement from the public for example in rulemaking through the provision of notices and offering of comment periods as well as offering of public consultation times and holding of public hearings. These processes include: the discharge of duty by an agency to provide the public with timely information regarding important events; providing the public with prior notice of an agency’s intended actions; and providing the public with the chance to make their opinions known before final decisions are made.
  1. Protection of Individual Rights: Since administrative law gives a citizen a tool to challenge government’s actions that have an impact on their rights and interests, administrative law is indispensable in the protection of individual freedom. This therefore implies that there ought to be minimal interference in the affairs of the people by the state that violates the rights of the people; in other words there should be minimal violation of the rights of the people by the state as in subjecting the people to certain rights or actions that are deemed by law as being unfair or unlawful. Thus individual rights are interdependent to administrative law because the later purpose is to maintain a check on the reasonability, justice, and equity of the administrative action and whether it is in accordance with the ideas of justice and equity. This can be seen in the aspect that administrative law has to major on the aspect of ensuring that there is adherence to rights of individual since there is awareness that application of force and power by the state can only be justifiable when it does not violate the self integrity and dignity of the individual. They are also aimed at the protection of the individual rights and at the same time boost the public confidence on the very institutions of the government in the large. The equality sign is one of the fundamental principles in democratic government which advocate for equal treatment of all and sundry on account of the rights of the individual.
  1. Competence and Predictability: The use of government operations depends on administrative law, which establishes clear guidelines and standards for administrative actions. In the end, this legislative structure benefits both individuals and companies by ensuring that government agencies operate properly and efficiently. Administrative law primarily enables well-organized government actions by providing agencies with a steady and probable set of rules to follow. Administrative law safeguards that decisions are made in harmony with current standards and regulations, which reduces the likelihood of arbitrary or unpredictable behavior. Because enterprises and citizens can better understand and direct the administrative process, this consistency saves time and money for all parties. By reducing the possibility of unlawful or arbitrary actions, administrative law promotes the rule of law and supports public trust in governmental institutions.
  1. Ethical Conduct: Among the measures provided in the administrative laws in the stipulated ethical standards and the codes of conduct that the public officials are required to uphold in the aim of ensuring that integrity of the government agencies and corruption and the conduct that relate to the practice in the given organization is to be maintained at bay. These rules are very important for the governance as they undertake that public servants will perform activities in the publics’ better-good and also they set the expectations of the work. Legal ethics code is a legal ethics code that applies to public officials and offers them standards as a guide on what is right and wrong in the relationship between stakeholders, co-workers, and citizens. These regulations have been used as reference on how the government services are to be conducted with integrity, transparency, and fairness, and most importantly, with high accountability that are vital indicators of public trust in the government agencies. Moreover, administrative law and corrupt and misbehavior actions incur an intrinsic danger of weakening the state and its power, which is why they should be a priori excluded. Moreover, it is not hard to spot instances of unethical behavior in administrative law that affect government processes for the wrong reasons – this is why this code is indispensable. Integrating moral principles and behavior codes into administrative law is fundamental to ensuring the efficacy and integrity of government institutions.

Administrative law plays a critical role in promoting good governance by establishing the rules and principles that govern government agencies and officials. It ensures that government actions are carried out transparently, fairly, and in accordance with the rule of law, while also protecting individual rights and fostering accountability and citizen participation in the decision-making process.

  1. TRANSPARENCY AND ACCOUNTABILITY’S PRINCIPLE IN GOOD GOVERNANCE:

A key principle of administrative law, responsibility is the basis of sound governance. It refers to the responsibility of government agencies and public officials to answer for their activities, decisions, and use of public resources. Accountability in administrative law encompasses several key aspects:

  1. Legal Culpability: The second conceptualization of administrative law deals with legal provisions for accountability of the state bureaus or personal official of the agency. They need to make sure and be sure that they perform and operate their business in the manner that statues have appointed them to and in terms of how statutes and laws are to be interpreted and applied. One of the major things that I have learnt in regard to administrative law is that it is a very important facet in regard to the legal procedures that are used by the government in the determination of whether certain actions that have been taken by the government are legal or not through legal procedures that are used for legal procedures that are used in courts that deal with official government actions that are challenged. Judicial review is administrative law that determines existing laws and powers given to a particular governmental organisation and whether the decision being made is in keeping with the decided laws and powers given to a particular governmental organization. For instance it is a vindication of principles of administrative law that there must be structures and principles that give affected parties the right to seek legal protection against government actions.
  2. Judicial Evaluation: Judicial evaluation is one of the main systems for responsibility in administrative law. Courts have the power to evaluate the legality and constitutionality of verdicts and actions made by the government. A court has the authority to contrary a government decision or order corrective action if it determines that a government action is unlawful. The reviewing judge considers whether the administrative body behaved within the bounds of its legislative authority and in conformity with the procedural fairness and natural justice standards when a government decision or action is contested in court. This entails determining whether the decision-maker was unbiased, the process of decision-making was fair, and the parties affected had enough time to submit their case. The court has the power to reverse or “quash” the ruling if it determines that the government action is illegal. The administrative agency may occasionally be ordered by the court to reevaluate the case in light of its conclusions and recommendations. The judiciary’s aptitude to deem unlawful government activities unconstitutional aids as an essential check on the executive branch, safeguarding that the authority is exercised legally.
  1. Administrative Tribunals: Focused administrative tribunals are set up in various legal structures to hear cases involving decisions made by the government and condense decisions. These tribunals handle administrative disputes and government agency accountability. In many legal systems, specialized administrative courts are essential because they offer a specialized forum for hearing and resolving disputes pertaining to government decisions. This helps to handle administrative issues and ensures that government entities are held accountable. These tribunals are made to deal with particular instances that don’t fall under the purview of normal courts; they concentrate on administrative and regulatory matters that call for particular knowledge and experience.
  1. Oversight and Auditing: Administrative law often requires government agencies to undergo oversight and auditing processes. This ensures that public funds are used efficiently and responsibly and that agencies are complying with relevant laws and regulations. Participation from a range of stakeholders, such as the public, regulatory authorities, and legislative bodies, strengthens the supervision process. These stakeholders frequently have access to administrative law as a means of closely examining government acts and holding agencies responsible for their choices. This multi-layered approach to supervision discourages wrongdoing and encourages the efficient use of public funds by fostering a culture of integrity and accountability inside government organizations.
  1. Transparency and Access to Statistics: Directing transparency in government activities is mostly reliant on on administrative law. It safeguards that information will remain available to the public, which is essential for holding public officials accountable. Laws like the Freedom of Information Act (FOIA), which authorizes citizens to demand and obtain government documents, support accountability and transparency. These legislative frameworks not only promote openness but also establish a mechanism that allows the general public easy access to information on decisions, activities, and operations of the government. Governmental organisations improve trust and accountability by providing quick and easy access to information. Furthermore, by encouraging public participation in policymaking processes, these laws’ participatory nature enhances the quality of governmental decisions by utilising individuals’ aggregate knowledge and expertise. By actively involving the public in governmental activities, collaboration between government institutions, nonprofits, corporations, and individuals further promotes openness. All things considered, administrative regulations requiring openness and information freedom are essential to maintaining democratic processes, encouraging public trust, and guaranteeing accountability.
  1. Complaint  Apparatuses: Administrative law frequently creates official complaint procedures that give people or organisations a methodical way to contest decisions or acts taken by the government that they believe to be unjust or illegal. These procedures are vital instruments for ensuring openness and accountability in government offices and agencies. The formal complaint provides the victims or witnesses with an opportunity to report any possible abuse of the official power or any other inappropriate behaviour, such as corruption or mismanagement. This helps to cut down on delays associated with complaints handling as well as there being ‘pulling of strings’ as far as the solution of complains is concerned. The complaint mechanism ought to be delineated preceding to arraigning the mechanism since it is a systemization that encompasses the fringes of the mechanism. Additionally, administrative complaints usually focus on the policies and practices of governmental organisations and agencies, giving impacted parties the opportunity to pursue legal remedy. The strength of complaint procedures resides in their capacity to strengthen community reporting of abuse, encourage accountability, and improve governance in general by efficiently resolving problems. In the end, these systems are essential to maintaining the values of justice, fairness, and openness in governmental processes.
  1. Ethical Standards: Codes of conduct and ethical standards are often incorporated into administrative legislation to regulate the conduct of public servants. This mean that public servants are expected to continue adhering to the values of accountability and transparency and integrity in their work practices and this is provide by these rules play as a moral codes for appropriate behaviour. Yet, as these rules are most frequently explicitly mentioned in the Code of Ethics, prohibiting any kind of unethical behavior or violation thereof may result in disciplinary actions from reprimands to suspensions and even termination, it is yet necessary to emphasize the inappropriateness of the behavior and the strict ban on such behavior in the public sector. Core values for public servants include the following: The policies of American Society for Public Administration (ASPA) Code of Ethics. These values contain forward-moving the public interest, with regard to the law and the Constitution, hopeful democratic participation, bolstering social equity, and exhibiting personal integrity. Similar to this, the Model Code of Judicial Conduct for State Administrative Law Judges was developed by the National Association of Administrative Law court (NAALJ), which highlights the implication of an impartial, skilled, and independent administrative court.
  1. Public Participation: One of the most important aspects encouraging the citizens’ participation in the local self-governance as well as providing citizens with the opportunity to express their views concerning governmental actions would be giving the citizens an opportunity to participate in and give comments on administrative decisions. This is because if some decisions are made in the presence then then one can be assured that the people being served by the government are also satisfied. Allowing the people to be involved in the administrative process of decision-making would then allow the administrative bodies to gather information from the expectations, to the ground realities from the various people in the society. It tends to involve everyone thus leading to the government obtaining sound justifiable authority and good quality policies and programmes as well as ensuring the citizenry is answerable to the policies and programmes the government will implement. Notably, the public engagement in the administrative process is indispensable to qualify the governmental processes for further implementation and help them to serve the public interests and promote the welfare of the population. This research suggests administrative bodies may contribute to their effectiveness and efficiency as well as increase transparency with the implementation of procedures connected to citizen participation and feedback. This will in turn infer more participation by the citizens and thus more inclusion in governance.
  1. Political Responsibility: One of the principal postulates or theories of administrative law in those states which have democratic form of structure governing powers is that the governing powers are directly responsible and accountable to the population for their deeds and done. This is called answerability which can be used in such a way that can make the public servants to take responsibility for the actions that they have done thus it is an important concept that should be used in order to continue sustaining governance to remain ethical. Finally, elected officials are exposed to the most ethical polices and actions disclosure because policies that they espouse afflict those who are involved. Furthermore, the idea of political accountability is closely linked to the electoral process, as public examination and assessment of governmental actions and policies takes centre stage during elections. In the end, political accountability in democratic systems is a vital tool for guaranteeing that public servants behave in the public interest, encouraging openness, responsiveness, and trust in the administration of justice.
  1. CONCLUSION

Thus, In the Indian context, the abuse of executive power and the predominance of arbitrary decisions, corruption, and lack of accountability in the previous system gave rise to the necessity for independent administrative law. By offering a structure for holding public officials and agencies responsible for their acts, the establishment of administrative courts and the passing of particular legislation governing the administrative function have assisted in resolving these problems. It is essential to good governance and helps democratic nations’ government institutions remain legitimate and trustworthy. Additionally, the need for administrative law arose from the fact that there was widespread misuse of the executive branch, which includes the creation of laws specifically dealing with administrative agencies and administration. In India, there are three branches of government, and administrative work falls under the executive branch. Now that laws and administrative tribunals have been established, the perpetrator of such activities will be held responsible for his actions.