Control over Administration: Legislative, Executive and Judicial

  • Ministers often lack professional qualifications, selected primarily for political reasons.
  • They receive no specific training for their administrative roles and may lack expertise.
  • Political engagements consume much of their time, hindering their understanding of departmental work.
  • Government instability and frequent ministerial changes disrupt effective control.
  • Ministers rely heavily on qualified and experienced administrative officers for expertise and guidance.

Judicial review is the power of the judiciary to examine the constitutionality of legislative enactments and executive orders of both the Central and State governments. On examination, if they are found to be violative of the Constitution (ultra vires), they can be declared as illegal, unconstitutional and invalid (null and void) by the judiciary. 

  • Though not directly mentioned in the Constitution, the Supreme Court and High Courts possess judicial review powers through specific articles: Article 13, 32, 131, 132, 136, 226 .
  • Judicial review is essential: (a) To uphold constitutional supremacy,  (b) To maintain federal balance, (c) To safeguard citizens’ Fundamental Rights.
  • SC used it in following case: Golaknath case (1967), Bank Nationalisation case (1970), Kesavananda Bharati case (1973), 99th CAA (NJAC) Act case (2015).

In India’s parliamentary system, ministers are collectively responsible to parliament. This leads to indirect legislative control over administration through ministers. Parliamentary control techniques include:

  1. Law-making: Parliament enacts, amends, or repeals laws to shape organizational policies and structure.
  2. Parliamentary Proceedings: Question Hour – MPs ask questions of three kinds, viz. Starred, unstarred and short notice ; Zero Hour –Informal discussions without prior notice, Half-an-Hour Discussion; Short Duration Discussion; Calling Attention Motion; Adjournment Motion –Draws attention to urgent matters; No Confidence Motion – Removes the ministry if it loses majority support. ⇒ Eg. issues such as the migrant crisis during Covid-19 and the rise in the cost of the Rafael aircraft were raised
  3. Budgetary System: Parliament controls government finances through budget enactment and criticism.
  4. Debate on inaugural speech of President (Art 87)/ Governor (Art 176)
  5. Audit System: CAG audits the government’s accounts on behalf of Parliament and submits an annual report detailing any improper, illegal, unwise, uneconomical, or irregular expenditures.
  6. Parliamentary Committees:
    1. Financial Committees: Public Account Committee – Examines CAG reports ; Estimates Committee: Suggests economies in public expenditure; Committee on Public Undertakings.
    2. Departmental Standing Committees: Examine ministry/department demands, bills, and reports.
    3. Other: Committee on subordinate legislation , Committee on Government Assurances.

However, legislative control over administration is often more theoretical than practical. In reality, it’s not as effective as it should be

Executive control over administration means the control exercised by the chief executive (political executive) over the functioning of bureaucracy. Tools available : 

  • Political Direction (Policy-making): Ministers lay down departmental policies and supervise their implementation.
  • Budgetary System: Formulation and enactment of the budget; Allocation of funds to administrative agencies.
  • Appointment and Removal (Personnel Management and Control): Executive’s role in appointing and removing top administrators ; In India, aided by the Department of Personnel and Training and Ministry of Finance.
  • Delegated Legislation: Executive fills in minor details of laws authorized by Parliament.
  • Ordinances: President promulgate ordinances during Parliament recess to address urgent situations.
  • Civil Service Code:Set of conduct rules for administrators to prevent misuse of power.
    • All India Service (Conduct Rules), 1954 ; Central Civil services (Conduct) Rules, 1955; Rajasthan Civil Services (Conduct) Rules, 1971
  • Staff Agencies: Departments like Administrative Reforms, erstwhile Planning Commission, Cabinet Secretariat, and PMO aid in coordinating policies and programmes.
  • Appeal to Public Opinion: Executive appeals to public opinion when bureaucracy resists change.
AspectMandamusProhibition
Meaning“We command”“To forbid”
PurposeDirects a public official or entity to perform an act they are legally obligated to perform but have refused or neglected.Prevents a lower court or tribunal from exceeding its jurisdiction or acting beyond its authority.
Nature of ActionDirects activity (command to perform an act).Directs inactivity (prohibition from exceeding jurisdiction).
Applicable TargetsPublic officials, public bodies, corporations, inferior courts, tribunals, governments.Judicial and quasi-judicial authorities (lower courts, tribunals).
Not Applicable Againstagainst private individuals or bodies, to enforce non-statutory departmental instructions, when the duty is discretionary rather than mandatory, to enforce contractual obligations, against the President of India or State Governors, or against the Chief Justice of a High Court acting in a judicial capacity.Administrative authorities, legislative bodies, private individuals or bodies.
ExamplesCompelling a government official to process a valid application.Preventing a lower court from hearing a case outside its jurisdiction.

In a parliamentary system like India, legislative control over administration is indirect and exercised through ministers.

Means of Legislative Control 

Limitations

  • Law-making: Parliament enacts, amends, or repeals laws to shape organizational policies and structure.
  • Parliamentary Proceedings: Question Hour, Zero Hour,Half-an-Hour Discussion, Short Duration Discussion, Calling Attention Motion, Adjournment Motion, No Confidence Motion etc. 
  • Debate on inaugural speech of President (Art 87)/ Governor (Art 176)
  • Budgetary System: Parliament controls government finances through budget enactment and criticism.
  • Audit System: CAG audits the government’s accounts on behalf of Parliament and submits an annual report detailing any improper, illegal, unwise, uneconomical, or irregular expenditures.
  • Parliamentary Committees:
    • Financial Committees: Public Account Committee; Estimates Committee; Committee on Public Undertakings.
    • Departmental Standing Committees
    • Other : Committee on subordinate legislation , Committee on Government Assurances.
  • Majority Support for Executive: The executive’s majority limits effective criticism.
  • Delegated Legislation: Law-making by bureaucrats reduces Parliament’s involvement.
  • Frequent Ordinances: The President’s frequent use of ordinances weakens Parliament’s legislative power.
  • Lack of Time and Expertise: Parliamentarians have limited time and knowledge. Oversight is often irregular and politically motivated.
  • Whip System: Party control over MPs restricts independent action.
  • Weak Opposition: A weak opposition and declining parliamentary ethics limit effective control.
  • Use of ‘Guillotine’: Limits debate on financial matters, reducing oversight.
  • Complex Financial Control: Budget scrutiny is difficult due to the technical nature of financial matters.
  • The CAG of India lacks control over public fund issuance and only audits expenditures after they are made.
  • Reactive Financial Committees: Committees like the Public Accounts Committee only review spending after it happens.

Thus, legislative control over administration is often more theoretical than practical. In reality, it’s not as effective as it should be.

In India’s parliamentary system, legislative control over the administration is indirect and exercised through ministers.

Legislative Control 

Practical Limitation

Law Making, Question Hour, Zero Hour, Calling Attention Motion etc

  • Parliament often lacks time and expertise to oversee the vast and complex administration effectively.
  • Increasing delegation of legislative powers to bureaucrats weakens parliamentary oversight.

Adjournment Motion

  • Requires significant political support (50 members), making it difficult to use.

No Confidence & Censure Motions

  • Majority support for the executive in Parliament makes passing these motions unlikely.

Budgetary System

  • Technical complexity of financial matters limits parliamentarians’ understanding and scrutiny.

Audit System (CAG)

  • Focuses on past expenditures, limiting proactive oversight of ongoing financial practices.

Public Accounts Committee (PAC)

  • Reviews spending after it occurs, making it more reactive than preventive.

Departmental Standing Committees

  • Closed-door meetings lacking transparency, non-binding recommendations, and a short one-year tenure. 
  • Additionally, many bills are not referred to DRSCs.

Whip System

  • Party discipline prevents MPs from freely expressing opinions, limiting independent criticism of the government.

Use of ‘Guillotine’ Procedure

  • Limits debate on financial matters.

Frequent Ordinances

  • Bypasses Parliament’s legislative authority.

Thus, formal mechanisms of legislative control often fall short in practice due to procedural, political, and institutional limitations.

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