Administrative constabulary was real inward Republic of Republic of India fifty-fifty inward ancient times. Under the Mauryas as well as Guptas, several centuries earlier christ, at that topographic point was good organised as well as centralise Administration inward India.
Image Credits © Ramesh Lalwani
The dominion of "Dharma" was observed yesteryear kings as well as Administrators as well as nobody claimed whatever exemption from it. The basic regulation of natural jurist as well as fair play were followed yesteryear the kings as well as officers every bit the direction could live on run alone on those principles accepted yesteryear Dharma, which was fifty-fifty a wider give-and-take than "Rule of Law" or "Due procedure of Law", Yet, at that topographic point was no Administrative constabulary is existence inward the feel inward which nosotros written report it today.
With the institution of East Republic of Republic of India companionship (EIC) as well as lawsuit of the British Rule inward India. The powers of the regime had increased. Many Acts, statutes as well as Legislation were passed yesteryear the British regime regulating populace safety, health, morality carry as well as labour relations. Practice of granting Administrative licence began amongst the State Carriage Act 1861. The showtime populace company was established nether the Mumbai Port Trust Act 1879. Delegated legilsation was accepted yesteryear the Northrn Republic of Republic of India Canal as well as Drainage Act, 1873 as well as Opium Act 1878 proper as well as effective steps were taken to regulate the merchandise as well as traffic inward explosives yesteryear the Indian Explosives yesteryear the Indian Explosives Act 1884.
In many, statutes, provisions were made amongst regard to holding of permits as well as licences as well as for the village of disputes yesteryear the Administrative authorities as well as Tribunals.
During the Second World War, the executive powers tremendously increased Defence of Republic of Republic of India Act, 1939 as well as the rules made thereunder conferred ample powers on the belongings of an private amongst trivial or no judicial command over them, In add-on to this, the regime issued many orders as well as ordinances, roofing several matters yesteryear agency of Administrative instructions.
Since independence, the activities as well as the functions of the regime lead maintain farther increased. Under the Industrial Disputes Act 1947, the Minimum Wages Act 1948 of import social security measures lead maintain been taken for those employed inward Industries.
The philosophy of a welfare state has been specifically embodied inward the constitution of India. In the constitution itself, the provisions are made to secure to all citizens social, economical as well as political justice, equality of condition as well as opportunity. The ownership as well as command of fabric resources of the lodge should live on as well as thence distributed every bit best to subserve the mutual good. The performance of the economical organisation should non final result inward the concentration of all these objects.
The state is given ability to impose reasonable restrictions fifty-fifty on the Fundamental Rights guaranteed yesteryear the constitution.
In Fact, to secure those objects, several steps lead maintain been taken yesteryear the parliament yesteryear passing many Acts, e.g. the Industrial (Development as well as Regulation) Act 1951, the Requisitioning as well as Acquisition of Immovable Property Act 1952, the Essential Commodities Act, 1955. The Companies Act 1956, the Banking Companies (Acquisition as well as Transfer of undertakings) Act, 1969. The Maternity Benefits Act, 1961, The Payment of Bonus Act 1965, The Equal Remuneration Act 1976, The Urban Land (ceiling as well as Regulation) Act 1976, The Beedi Worker's Welfare Fund Act, 1976 etc.
Even, spell interpreting all these Acts as well as the provisions of the constitution, the judiciary started taking into consideration the objects as well as ideals social welfare. Thus, inward Vellunkunnel Vs. Reserve Bank of Republic of Republic of India AIR) 1962 SC137), the Supreme Court held that nether the Banking Companies Act, 1949 the Reserve Bank was the sole guess to gain upward one's heed whether the affairs of a Banking companionship where beingness conducted inward a mode prejudicial to the depositors, involvement as well as the courtroom had no pick but to transcend an monastic tell of winding upward every bit prayed for yesteryear the Reserve Bank.
Again, inward state of Andhra Pradesh Vs. C. V. Rao, (1975) two SCC 557 dealing amongst departmental inquiry, the Supreme Court held that the jurisdiction to number a writ of certiorari nether Article 226 is supervisory inward nature. In is non an appellate courtroom as well as if at that topographic point is roughly evidence or tape on which the tribunal had passed the order, the said findings tin give the sack non live on challenged on the Earth the evidence for the same is insufficient or inadequate. The adequacy or sufficiency of evidence is inside the exclusive jurisdiction of the tribunal.
Similar see was taken inward K. L. Shinde Vs State of Mysore, (AIR 1976 SC 1080) In Shrivastava Vs Suresh Singh (AIR 1976 SC 1904), The Supreme Court observed that inward matters relating to questions regarding adequacy or sufficiently of grooming the goodness thought of populace service committee would live on mostly accepted yesteryear the court.
Very Recently, inward State of Gujrat Vs. M. I. Haider Bux (AIR 1977 SC 594), The Supreme Court held that nether the provisions of the Land Acquisition Act, 1994, Ordinarily, regime is the best say-so to gain upward one's heed whether a detail purpose is a populace purpose as well as whether the solid set down tin give the sack live on acquired for the purpose or not.
Thus, on the 1 hand, the activities as well as powers of the regime as well as administrative authorities lead maintain increased as well as on the otherhand, at that topographic point is corking require for the enforcement of the dominion of constabulary as well as judicial review over these powers, as well as thence that the citizens should live on complimentary to savor the freedom guaranteed to them yesteryear the constitution. For that purpose, provisions are made inward the statutes giving correct of appeal, revision etc. as well as at the same fourth dimension extra-ordinary remedies are available to them nether Article 32, 226 as well as 227 of the constitution of India. The Principle of judicial review is too accepted inward our constitution, as well as the monastic tell passed yesteryear the administrative authorities tin give the sack live on quashed as well as prepare aside if they are malafied or ultravires the Act or the provisions of the constitution.
And if the rules, regulations or orders passed yesteryear these authorities are non inside their powers, they tin give the sack live on declared ultravires, unconstitutional, illegal or void.
