Parliamentary control over administration is no substitute for judicial control

QUES . Parliamentary control over administration is no substitute for judicial control. Comment.

HINTS:

Parliamentary control over administration is no substitute for judicial control

The control over administration is necessary to check the dangers of bureaucratic power and
facilitate correctives against despotic exercise of power by the public servants. The instruments of
administrative control should blend the apparently conflicting interest. It should safeguards the rights and
liberties of the people without curbing the power and discretion of the public servants.

Must read: Principle of ‘checks and balance’ under constitution of India

The external control over administration is exercised by the following three agencies : (A) The Legislature
(B ) The Executive ( C) The Judiciary

Parliamentary control over administration and judicial control over administration serve different purposes and have distinct roles in a democratic system.

Parliamentary control over administration involves the legislative branch of government overseeing the executive branch to ensure that it is carrying out its functions in accordance with the law and in the best interest of the people. This includes holding executive officials accountable for their actions through questioning and scrutiny, financial control through budget and audit and passing laws to regulate the behavior of the executive.

Must read: THE NATURE OF PARLIAMENTARY FINANCIAL CONTROL

On the other hand, judicial control involves the judiciary branch of government ensuring that the actions of both the legislative and executive branches are in compliance with the constitution and the law. Judicial review is a critical component of the system of checks and balances that ensures that no branch of government exceeds its constitutional authority.

While both parliamentary and judicial control is essential in a democratic system, they serve different purposes and are not substitutes for one another. Parliamentary control focuses on ensuring that the executive branch is accountable to the legislature, while judicial control focuses on ensuring that all branches of government are accountable to the constitution and the law.

In practice, judicial control can serve as a backstop to parliamentary control by providing a mechanism to challenge executive action if parliament fails to act or if the executive oversteps its authority. Ultimately, both forms of control are important for ensuring that government operates within the bounds of the law and in the best interest of the people.

External link: https://epgp.inflibnet.ac.in/epgpdata/uploads/epgp_content/S000029PE/P001576/M019856/ET/15141858031econtentmodule8.pdf

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