Indian administrative law / by Mangal Chandra Jain Kagzi

Since after the publication of this book in the beginning of 1962 the importance of Administrative Law has steadily grown. The already delayed implementation of social welfare, social control and social security programme and the uninterrupted emergency require that the new measures must be administered and implemented efficiently and speedily. Nevertheless, it need not be stressed that there should neither be any impairment of the dignity of the individual citizen or his inalienable fundamental rights-now declared an essential aspect of the constitu tion, nor should socio-economic interest remain unrealised, or the principles declared to be fundamental in the governance of the country be ignored, nor the administrative processes and procedures formulated and planned for implementation of the Directive Principles of State Policy be impeded. Therefore, need for search of new and effective means of redressal of individual grievances has gained an added urgency. The report of a Committee appointed by the Government of the State of Rajasthan in 1963; and later a number of reports of the Administrative Reforms Commission (the AR C) appointed by the Government of India in 1966 recommended many changes in the administrative processes and procedures, adoption of the effective methods of control of administrative action consistent with the demands of administrative efficiency, and more efficient means of investigation into, and prevention of administrative corruption. In its report on "Problems of redressal of Citizens' Grievances" submitted in October 1966 the ARC recommended the appointment of the ombuds man type parliamentary commissioners both at the Union and State levels, namely, the Lokpul and a number of Lokayuktas. Earlier the Santhanam Committee dealt with another problem, that is, administra tive corruption and recommended establishment of the Central Vigilance Commission. Unless controlled and prevented administrative process must be sabotaged by the corrupt administrative officer from within. All these new problems of the development and progress through law have made administrative law three dimensional. Not only it is a protection against new despotism, it is also a means of securing and realising a new social order "in which justice, social, economic and political shall inform all the institutions of the national life."

Parliament placed a number of developmental regulatory and nationalisation enactments in the statute book. In the area of industrial regulation licencing procedure was examined by the Hazari Report submitted to the Planning Commission. The amendment made in the Banking Companies Act, 1949 and the Companies Act, 1956 were already directed towards extending the social control over the banks, and more effective regulation of trade and industry in the corporate sector. The Monopolies and Restrictive Trade Practices Act, 1969 has added teeth to legislation designed for public control of business. The years of emergency have witnessed an era of increased administrative discretion conferred under security legislation the Defence of India Acts of 1962 and 1971 and the Defence of India. Rules framed thereunder. The Supreme Court and the various High Courts have handed down many decisions. While accepting the inevitability of the administrative finality in many sectors of the govern mental activities, they stood firm as the sentinel on the qui vive for the Justice, Liberty and Equality for all persons. The Supreme Court tried to ward off a "new despotism" by disapproving excessive delegation of legislative powers and by insisting upon an extended application of the rules of natural justice. It boldly removed the fetters of the common law rule of immunity of the Government from the statutory liability; and declared the law of vicarious liability of the Government for the tortious acts of their employees.

Since this book was first published a decade ago many a person has made contributions to Administrative Law. This has been received and reviewed widely in the country and abroad. The author knows not how to express his gratefulness to many reviewers who very generously com mended its "excellent arrangement", characterised it as "comprehensive in its coverage" and recommended it as providing "a lucid account of the subject". The author is still more grateful for their comments and very many constructive suggestions for further improvement. While no pre tence can be made that all the suggestions have been carried out in this third edition of the book, it is assured that they have been appreciably received.