Control of Public Administration: Legislative, Executive, and Judicial Control

Key Points at a Glance

1. 1

   Legislative control operates through: (i) Question Hour — ministers must answer questions about their department's administration; (ii) Zero Hour — urgent matters may be raised without notice; (iii) Debates — cut motions (Policy cut, Economy cut, Token cut) on Demands for Grants; (iv) Budget approval — Parliament votes on all Demands for Grants; (v) Committees — PAC, Estimates Committee, and Committee on Public Undertakings.

2. 2

   Public Accounts Committee (PAC) — the premier parliamentary financial control body; 22 members (15 Lok Sabha + 7 Rajya Sabha); examines CAG audit reports; chaired by an opposition MP (convention since 1967); takes suo motu cognisance of audit objections; cannot reduce or increase grants; it is a post-audit body.

3. 3

   Estimates Committee — 30 Lok Sabha members (no Rajya Sabha); examines Budget Estimates before spending; suggests economies and efficiencies; performs a pre-audit function; cannot suggest policy changes; it focuses on how money should be spent more efficiently; chaired by a ruling-party member.

4. 4

   Vote on Account — Article 116 — a special provision allowing Parliament to grant an advance before the Budget is passed, typically in an election year; limited to one-sixth of total expenditure; enables government to continue functioning.

5. 5

   Judicial control — courts supervise administrative actions through: (i) Writs (Articles 32 and 226); (ii) Ordinary suits under CPC; (iii) PIL (Public Interest Litigation); (iv) Tribunals (Article 323A — Central Administrative Tribunal); and (v) Judicial review of delegated legislation.

6. 6

   Five Constitutional Writs (Articles 32/226) — Habeas Corpus (release from illegal detention); Mandamus (compel a public body to perform its duty); Prohibition (prevent an inferior tribunal from exceeding jurisdiction); Certiorari (quash an inferior tribunal's decision); and Quo Warranto (challenge a public office holder's authority).

7. 7

   Executive control operates through: (i) President/Governor — can withhold assent or reserve matters for further consideration; (ii) Cabinet/PM — collective responsibility, with the PM coordinating departments; (iii) Department of Personnel and Training (DoPT) — personnel policy; (iv) Finance Ministry — financial control through budget allocation and pre-sanction approval; and (v) Vigilance machinery — CVC (Central Vigilance Commission) and departmental vigilance.

8. 8

   Central Vigilance Commission (CVC) — a statutory body under the CVC Act 2003; independent of CBI; headed by the Central Vigilance Commissioner; supervises vigilance administration in the Central Government; advises on disciplinary proceedings for gazetted officers; the Hawala scandal and subsequent Supreme Court directions led to its statutory status.

9. 9

   Central Administrative Tribunal (CAT) — Article 323A; established under the Administrative Tribunals Act 1985; adjudicates service matters of Central Government employees; its decisions can be challenged before the Division Bench of the relevant High Court, as clarified in L. Chandra Kumar (1997).

10. 10

    Public Interest Litigation (PIL) — an Indian judicial innovation; any citizen may approach the Supreme Court (Article 32) or High Court (Article 226) on behalf of the public when fundamental rights are violated or public duty is neglected; pioneered by Justice P.N. Bhagwati and Justice V.R. Krishna Iyer in the 1980s; liberalised locus standi.