Introduction to administrative law

The role of administrative law has changed with the introduction of the New Economic Order. While the topics of delegated legislation, natural justice, judicial control of administration action retain their importance, the problem of corruption has aggravated. It has acquires global infamy. The evil effects of corruption have been pointed out by the UN Secretary-General, Kofi Annan thus:

Corruption is an insidious plague that has a wide range of corrosive effects on societies. It undermines democracy and the rule of law, leads to violations of human rights, distorts markets, erodes the quality of life and allows organized crime, terrorism and other threats to security to flourish.

Consequently, the UN General Assembly adopted the Convention Against Corruption, 2003 (GA RES 58/4 of 31 October, 2003). It asks states Parties to take effective measures to root out corruption. India has ratified this convention in 2011. Some efforts were initiated in this regard even prior to this international treaty. The Prevention of Corruption Act was passed by Parliament in 1947 and has been replaced by the same title in 1988. The Administrative Reforms Commission in 1966 recommended for the establishment of Lokpal (Ombudsman) and in 1968 a Bill to this effect was introduced in Parliament. This Bill ultimately in 2013 could be passed and is the Lokpal and Lokayuktas Act, 2013. This Act technically has come into force on January 1, 2014 without the institution of Lokpal, a multi Member body. The Government delayed the process of selection of Lokpal on a ground which in the opinion of the Supreme Court was not cogent. [Common Cause, A Registered Society v. Union of India, AIR 2017 SC 3084). The central Act merely directs the states to enact Lokayukta Acts for the state concern. States have dilutes the provisions and the example is the Uttarakhand Lokayukta Bill, 2017.

Similarly, protection to whistle blower has been a concern and even the UN Convention Against Corruption recommends for such protection. The Parliament has enacted the Whistle Blowers Protection Act, 2011 but it has not been enforced till November 5, 2017. Its provisions have been diluted by the 2016 Amendment Bill.