KALYAN CITY LIFE

Meaning of Inquiry Commission

The commissions of inquiry are always set up in India under the provision of The Commissions of Inquiry Act, 1952. The task of such a commission is to collect all the relevant information, data and concerning documents, etc., for its examination and to determine its conclusion on the subject matter of public importance. The Government's duty is to see to it that whenever any dispute arises on issues of public concern, it may set up an Inquiry Commission to find out the correct position of such matter.

The Government can establish the Inquiry Commission by promulgating a notification in Gazette. The number of members appointed to a commission depends upon the purpose of inquiry and the decision of Government always final in that regard. Sometimes, a single-member Commission is also formed while, in other cases, it may consist of more than one member. The members (including the Chairperson) of such a commission are often retired judges of the High Courts or Supreme Court.

What is Droit Administration?

Droit Administration is a unique characteristic of the administrative setup of France.

According to British Jurist Albert Venn Dicey (4^th Feb 1835 - 7^th April 1922), the Droit Administrative system is based on the following of two ordinary principles, namely:

1. The government and its every servant possesses special rights, privileges and prerogative as against private citizens.
2. Such rights and privileges, etc., are determined on the principles different from the consideration that fixes the legal rights and duties of the citizens.

Legendary French military leader Napoléon Bonaparte (15^th August 1769 - 5^th May 1821) was the founder of Droit Administration. He for the first time established ‘Conseil d'État’ which means the Council of State.

Natural Justice is an important concept in administrative law. The principles of natural justice of fundamental rules of procedure is the preliminary basis of a good administrative set up of any country.

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In India it was laid down by the Supreme Court in one case that administrative Tribunals and Quasi-Judicial bodies are not required to adhere to the rules of evidence or to other court procedure is fairly established.

In another case, the Supreme Court again pointed out that the rules of natural justice vary with varying constitution of statutory bodies and the rules prescribed by the legislature and that the question whether in a particular case they have been contravened must be judged not by any preconceived notion of what they may be but in the light of the relevant Act.

Basic Postulates of Principle of Natural Justice ↓

In order to satisfy the test of "fair hearing" the following is important :-

1. Nemo Judex in cause sua (The adjudicator must be disinterested and unbiased.)
2. Audi alteram partem (The parties must be given adequate notice and opportunity to be head) are the important aspects in functioning of judicial, quasi-judicial bodies like tribunals, etc.

In English law, the rules of natural justice perform similar functions as is performed by the "due process" clauses of 14th Amendment of the constitution of USA.

Administrative Law is mainly concerned with powers. It is necessary to examine the sources of powers before considering in details how power is controlled. The customary divisions of the sources of legal power are "Common law" and "Statute", so it is with administrative authority. So far as the Central Government is concerned its common law powers falls under the Royal Prerogative which however has no relevance to the activities either of local Government authorities or modern statutory corporations. Which include both ministerial departments. Such as Housing and Local Government Education. Since the latter are exclusively the creation of parliament it follows their powers are derived solely from the same source.

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In the realm of the Administrative law, the conflict between the parliament and courts would arise whenever the former seeks to abridge any of the fundamental rights of the citizens which are justiciable.

Administrative Law has come to be accepted as a necessary evil of all democratic countries of the world where welfare schemes for the general body of people are planned. It has been accepted as inevitable for modern states, more to because of the concept of a socialistic pattern of society and a welfare state which has been introduced and administered by the government in our country.

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Primary Function of Administrative Law ↓

As regards the functions of Administrative law. A primarily consists in finding be ways in which Administration would be kept within a limit, so that the discretionary powers of Administrative authorites could not become arbitrary powers.

There are several reasons and factors which are responsible for the growth of This new branch of law. Some of the reasons and factors are responsible for the rapid growth of Administrative law in 20th century.

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1. Changed relations of Authorities and Citizens

It can be seen from the present set up of the Administration that relations of the public authorities with the citizens have been deeply changed. Citizens were not directly involved in the administration in the earlier days. They were some what isolated from the sphere of Administration. There was a wide gap between the Administrative organs and the then citizens. This is not the case today. Today in most of the states there is a democratic Administration of either type. It is therefore, the association of the people is found to be integral. The citizens are closely assolated with the state Administration. In view of these changing relations, the basic structure of the legal set up needs to be rearranged. The Administrative law, has therefore, developed.

Administrative law was existent in India even in ancient times. Under the Mauryas and Guptas, several centuries before christ, there was well organised and centralise Administration in India.

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The rule of "Dharma" was observed by kings and Administrators and nobody claimed any exemption from it. The basic principle of natural justice and fair play were followed by the kings and officers as the administration could be run only on those principles accepted by Dharma, which was even a wider word than "Rule of Law" or "Due process of Law", Yet, there was no Administrative law is existence in the sense in which we study it today.

With the establishment of East India company (EIC) and event of the British Rule in India. The powers of the government had increased. Many Acts, statutes and Legislation were passed by the British government regulating public safety, health, morality transport and labour relations. Practice of granting Administrative licence began with the State Carriage Act 1861. The first public corporation was established under the Bombay Port Trust Act 1879. Delegated legilsation was accepted by the Northrn India Canal and Drainage Act, 1873 and Opium Act 1878 proper and effective steps were taken to regulate the trade and traffic in explosives by the Indian Explosives by the Indian Explosives Act 1884.

Nature of Administrative Law

Administrative Law is a new branch of law that deals with the powers of the Administrative authorities, the manner in which powers are exercised and the remedies which are available to the aggreived persons, when those powers are abused by administrative authorities.

The Administrative process has come to stay and it has to be accepted as a necessary evil in all progressive societies. Particularly in welfare state, where many schemes for the progress of the society are prepared and administered by the government. The execution and implementation of these programmes may adversely affect the rights of the citizens. The actual problem is to reconcile social welfare with rights of the individual subjects. The main object of the study of Administrative law is to unravel the way in which these Administrative authorities could be kept within their limits so that the discretionary powers may not be turned into arbitrary powers.

Introduction To Administrative Law

In the field of law, the most significant and outstanding development of the 20th century is the rapid growth of administrative law. It does not, however, mean that there was no administrative law before this century. Since many years it has been very much in existence. But in this century, the philosophy as to the role and function of the state has undergone a radial change. There was increase in governmental functions.

Today, the state is not merely a police state, exercising sovereign functions, (protecting the population from external aggression and from internal strife and for this collecting taxes from the people) but as a progressive democratic welfare state, it seeks to ensure social security and social welfare for the common man, regulates the industrial relations exercises control over production manufacture and distribution of essential commodities; starts many enterprises, tries to achieve equality for all and equal pay for equal work. (Ref. Directive Principles of state policy enumerated in the constitution of India) Today, the state is required to look after the health, and morals of people, provide education to children and takes all the steps which social justice demands. All these developments have widened the scope and ambit of administrative law.