LEGISLATIVE, EXECUTIVE AND JUDICIAL CONTROL OVER ADMINISTRATION
- The need for effective control over administration is, thus, obvious. Public opinion, professional standards and ethics, and the nature of the Society-all influence administration in varying ways and capacities and exercise control over it. A study of this problem may, however, be made here under the following major heads:
- Legislative Control.
- Executive Control.
- Judicial Control.
- Legislative Control
- In India, the tools of legislative control are:Questions, Resolutions, Zero hour Discussion, Adjournment Motions, Votes of Censure, Budgets and Parliamentary Committees, Public Accounts Committee, Estimates Committee, Committees on Public Undertakings, Committee on Subordinate Legislation and the Committee on Assurances. Thus, the opportunity for exercising control over administration assumes several forms, which may briefly be discussed below:
- President’sSpeech: Every new session of Parliament opens with a speech from the President. The President’s speech broadly spells out the major policies and activities with which the executive would be preoccupied in the period immediately ahead. Normally, four days are set aside for general discussion on it. The members of Parliament have, during this period, an opportunity to criticize the entire realm of administration for its alleged acts of omission as well as commission. It is, however, well to bear in mind that the speeches are made on this occasion as well as on others with a view to swaying the public opinion outside the Parliament, not to influencing the honourable members, who rigidly follow, or are obliged to follow, party lines in utterances and voting.
- Budget Discussion:Since the introduction of the ‘Budget on Account’, Parliament now has greater opportunity of discussion on the budget proposals. The members of Parliament (by this we mean members of the Lok Sabha) have the following opportunities of criticizing the administration
- After the presentation of the budget, general discussion takes place. At this occasion the discussion relates to the budget as a whole or any question of principle involved therein.
- Voting on grants provides the second opportunity. Discussion at this stage is confined to each head of the Demand, and if cut motions are moved, to the specific points raised therein. The discussion is sufficiently pointed and may be focussed on specific points.
- Discussion on the Finance Bill provides a boundless opportunity to discuss the entire administration.
- Question Hour: The first hour of every parliamentary day is reserved for questions, which provide an effective form of control. On an Average some thirty questions are orally asked, and answered daily. The privilege of asking questions keeps the entire administration on its toes. A question is an effective device of focussing public attention, in a striking manner, on different aspects of administration’s policies and activities. A question is generally followed by supplementary questions, which provided a sort of crossexamination of the Minister, and do often catch off his balance.
- ‘Zero Hour’ Discussion: ‘Zero Hour’, India’s innovation in the field of parliamentary practices, has emerged, since 1962, as a powerful tool of control over the executive, though it is not a formally prescribed device available to the Members of Parliament. It is in a way extraregular and is so called because it is invoked in the House immediately after the question hour but before the items on the order paper of the House (that is, the agenda for the day) are taken up for discussion and disposal. As the Parliament meets at 11.00 a.m. and the question hour is over at 12.00, the latter is the ‘Zero Hour’. It is at this hour that the Members of Parliament can raise, subject to the permission of the Presiding officer, matters which in their eyes are of public importance -even if not listed in the day’s order paper.
- Adjournment Debates: The device of Adjournment Motion is a tool of day-to-day control, and may be utilized for raising a discussion in the House on any specific question of urgent nature and of public importance. If allowed by the presiding officer, an immediate debate takes place on the matter raised, thus suspending the normal business of the House.
- Adjournment debate is to be distinguished from the two hours’ debate which may ensue on a matter of urgent public importance. The former is characterized by voting after the debate is over: in the latter there is simply a discussion and no voting.
- No-Confidence Motion: Provision for ‘no-confidence’ motion also called Censure Motion, exists in the Constitution itself. A censure motion provides an occasion when the entire policy of the Government, or a part of it, comes under fire. An adverse vote on this occasion leads to the resignation of the Government. This provision, however, remained practically a dead letter until 1962. For the first time in Indian parliamentary history, a ‘no-confidence’ motion was discussed and defeated in the Lok Sabha in its monsoon session, 1963. And its frequency has increased in the post-Nehru era.
- Debates on Legislation: The various readings of a bill provide opportunities to the Members of Parliament to criticize the entire policy underlying the bill. The criticism may even make the Government change its mind. The Government, for instance, withdrew the highly controversial Hindu Code Bill in 1951. Again in 1968, the Government rescinded its earlier decision to change the name of the Benaras Hindu University.
- Parliamentary Committees: Parliamentary committees, Public Accounts Committee, Estimates Committee, Committee on Public Undertakings, Committee on Subordinate Legislation and Committee on Assurances—are also tools of controls over administration.
- Audit: Parliament exercises Control Over Public Expenditure through the Comptroller and Auditor-General, who audits (and in practice, maintained till 1976, when accounts were separated from audit) all Government accounts to ensure that the Money granted by Parliament has not been exceeded without a supplementary vote, and that the money expended conforms to rules. The accountability of Government to Parliament in the field of financial administration is, thus, secured through the reports of the Comptroller and Auditor- General, who has rightly been described as ‘the guide, philosopher and friend’ of the Public Accounts Committee.
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Public accountability is a system in which those in power are held responsible for their actions and decisions. It is a key principle of Democracy, and it helps to ensure that government is responsive to the needs of the people.
There are a number of ways in which public accountability can be achieved. One way is through parliamentary accountability. This is the process by which elected representatives are held to account for their actions and decisions. This can be done through a variety of mechanisms, including questions to the government, debates, select committees, and parliamentary inquiries.
The media also plays an important role in public accountability. The media can report on the activities of government and hold those in power to account. This can be done by investigating wrongdoing, giving a voice to those who are affected by government policies, and holding politicians to account for their promises.
The public also has a role to play in public accountability. The public can participate in the democratic process and hold those in power to account. This can be done by voting in Elections, contacting their MPs, and participating in protests and demonstrations.
Public accountability is important because it helps to ensure that government is responsive to the needs of the people and that it is accountable for its actions. Public accountability can help to prevent Corruption, to improve the quality of government Services, and to build trust between the government and the people.
However, there are a number of challenges to public accountability. One challenge is the complexity of government. Government is a complex system, and it can be difficult for the public to understand what is happening. Another challenge is the power of the executive. The executive branch of government has a lot of power, and it can be difficult for the legislature to hold it to account. A third challenge is the lack of transparency. Governments often do not release information about their activities, which makes it difficult for the public to hold them to account. A fourth challenge is the lack of public participation. Many people are not interested in politics, and they do not participate in the democratic process.
Despite these challenges, public accountability is essential for a healthy democracy. It helps to ensure that government is responsive to the needs of the people and that it is accountable for its actions. Public accountability can help to prevent corruption, to improve the quality of government services, and to build trust between the government and the people.
What is public accountability?
Public accountability is the obligation of individuals or organizations to account for their actions to the public. It is a key principle of Good Governance, and it helps to ensure that public officials and institutions are responsive to the needs of citizens.
Why is public accountability important?
Public accountability is important because it helps to prevent corruption and abuse of power. It also helps to ensure that public officials and institutions are efficient and effective in their use of public Resources.
How can public accountability be achieved?
There are a number of ways to achieve public accountability, including:
- Transparency: Public officials and institutions should be transparent in their decision-making and operations. This means that they should make information about their activities available to the public, and they should be open to public scrutiny.
- Participation: The public should have a say in the decisions that affect them. This means that they should be able to participate in the policy-making process, and they should have access to effective mechanisms for holding public officials and institutions to account.
- Oversight: There should be independent bodies that oversee the activities of public officials and institutions. These bodies should have the power to investigate complaints, and they should be able to take action against those who are found to be in breach of the law or public standards.
What are the challenges to public accountability?
There are a number of challenges to public accountability, including:
- Corruption: Corruption can undermine public accountability by making it difficult for the public to hold public officials and institutions to account.
- Lack of transparency: Lack of transparency can make it difficult for the public to understand the decisions that are being made by public officials and institutions. This can make it difficult for the public to hold them to account.
- Lack of participation: Lack of participation can make it difficult for the public to have a say in the decisions that affect them. This can make it difficult for them to hold public officials and institutions to account.
- Weak oversight: Weak oversight can make it difficult for independent bodies to investigate complaints and take action against those who are found to be in breach of the law or public standards.
What can be done to address the challenges to public accountability?
There are a number of things that can be done to address the challenges to public accountability, including:
- Strengthening anti-corruption laws and institutions: Anti-corruption laws and institutions should be strengthened to make it more difficult for public officials and institutions to engage in corruption.
- Increasing transparency: Public officials and institutions should be required to make more information about their activities available to the public. This will make it easier for the public to understand the decisions that are being made and to hold public officials and institutions to account.
- Increasing participation: The public should be given more opportunities to participate in the policy-making process. This will help to ensure that the public has a say in the decisions that affect them.
- Strengthening oversight: Independent bodies should be given more power to investigate complaints and take action against those who are found to be in breach of the law or public standards.
Which of the following is not a type of accountability?
(A) Political accountability
(B) Financial accountability
(C) Legal accountability
(D) Social accountabilityWhich of the following is not a principle of accountability?
(A) Transparency
(B) Responsibility
(C) Responsiveness
(D) EfficiencyWhich of the following is not a mechanism for ensuring accountability?
(A) Auditing
(B) Inspection
(C) Investigation
(D) Public consultationWhich of the following is not a benefit of accountability?
(A) Improved performance
(B) Increased trust
(C) Reduced corruption
(D) Increased costsWhich of the following is not a challenge to accountability?
(A) Lack of transparency
(B) Lack of resources
(C) Lack of political will
(D) Lack of public participationWhich of the following is not a way to improve accountability?
(A) Strengthening institutions
(B) Increasing transparency
(C) Increasing public participation
(D) Reducing corruptionWhich of the following is not a role of the media in promoting accountability?
(A) Reporting on corruption
(B) Investigating wrongdoing
(C) Holding the powerful to account
(D) Providing a platform for public debateWhich of the following is not a role of civil society in promoting accountability?
(A) Monitoring government performance
(B) Advocating for reform
(C) Holding the powerful to account
(D) Providing a platform for public debateWhich of the following is not a role of citizens in promoting accountability?
(A) Voting in elections
(B) Participating in public consultations
(C) Holding their elected representatives to account
(D) Paying their taxesWhich of the following is not a way to measure accountability?
(A) Auditing
(B) Inspection
(C) Investigation
(D) Public opinion polls