Role of the Executive in administrative governance
Role of the Executive in Administrative Governance
The executive is one of the three pillars of the government, alongside the legislature and judiciary. In the context of administrative governance, the executive plays a pivotal role in implementing laws, policies, and decisions made by the legislature. It administers the day-to-day affairs of the government and exercises powers delegated by the Constitution or statutes.
Key Functions of the Executive in Administrative Governance:
Implementation of Laws and Policies: The executive is responsible for giving effect to laws passed by the legislature through appropriate administrative actions.
Rule-Making and Delegated Legislation: The executive often makes rules, regulations, and orders under powers delegated by the legislature.
Discretionary Powers: The executive has certain discretionary powers to make decisions necessary for governance.
Administrative Control and Supervision: Overseeing subordinate authorities and agencies.
Ensuring Public Welfare: Executing welfare schemes and public administration for social and economic development.
Accountability: While empowered to act, the executive is accountable to the legislature and judiciary.
Landmark Case Laws on the Role of the Executive in Administrative Governance
1. K.C. Vaidya v. Union of India, AIR 1952 SC 222
Facts:
The question before the Court was about the extent of executive power in promulgating ordinances when the legislature is not in session.
Held:
The Supreme Court upheld the power of the executive (President or Governor) to promulgate ordinances, emphasizing that it is an essential tool for governance to ensure continuity and prompt action in administration.
Significance:
This case highlights the executive's role in maintaining administrative governance through delegated legislative powers, especially when the legislature is not functioning.
2. Union of India v. Association for Democratic Reforms, AIR 2002 SC 2116
Facts:
The issue was related to the disclosure of information about election candidates to ensure transparency.
Held:
The Court emphasized the role of the executive in ensuring transparency and good governance and held that executive authorities must function within the framework of accountability and openness.
Significance:
This case illustrates that administrative governance requires the executive to be transparent, accountable, and responsive to the public, reinforcing democratic governance principles.
3. State of West Bengal v. Union of India, AIR 1963 SC 1241
Facts:
This case involved the balance of power between the executive and legislature, particularly regarding the use of Article 356 (President’s Rule).
Held:
The Court held that while the executive (President and Governor) has powers under Article 356 to take over state administration, such powers must be exercised judiciously and are subject to judicial review.
Significance:
This case defines the executive’s role in administrative governance within constitutional limits and emphasizes accountability and judicial scrutiny.
4. Maneka Gandhi v. Union of India, AIR 1978 SC 597
Facts:
Maneka Gandhi challenged the executive’s arbitrary decision to impound her passport without giving a fair hearing.
Held:
The Supreme Court held that the executive must act fairly and justly and follow the principles of natural justice when exercising administrative powers.
Significance:
This case is foundational in ensuring that the executive’s administrative actions respect fundamental rights and are subject to procedural fairness.
5. State of Punjab v. Devans Modern Breweries Ltd., AIR 1994 SC 1209
Facts:
The issue was about executive actions to take over a brewery under licensing laws.
Held:
The Court held that executive decisions must be made within the scope of authority and law and that arbitrary or mala fide actions are unconstitutional.
Significance:
This case affirms the executive’s duty to exercise powers lawfully and reasonably in administrative governance.
6. Ram Jawaya Kapur v. State of Punjab, AIR 1955 SC 549
Facts:
The question was regarding the executive’s power to seize property during public emergencies.
Held:
The Court upheld that the executive has powers to act swiftly in the interest of public safety but such powers must not violate constitutional safeguards.
Significance:
This case highlights the balance the executive must maintain between effective governance and protection of individual rights.
Summary of the Role of Executive from These Cases:
| Case | Principle Established |
|---|---|
| K.C. Vaidya v. Union of India | Executive’s power to promulgate ordinances essential for governance |
| Union of India v. Association for Democratic Reforms | Executive must be transparent and accountable |
| State of West Bengal v. Union of India | Executive’s use of extraordinary powers subject to judicial review |
| Maneka Gandhi v. Union of India | Executive must act fairly, follow natural justice |
| State of Punjab v. Devans Breweries | Executive actions must be lawful and non-arbitrary |
| Ram Jawaya Kapur v. State of Punjab | Executive can act in emergencies but must respect constitutional safeguards |
Additional Points:
The executive is not an absolute power but functions within constitutional and legal boundaries.
Accountability mechanisms include judicial review, legislative oversight, and public scrutiny.
The executive’s administrative role is fundamental to translating laws into effective governance impacting citizens’ daily lives.
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