Administrative law and public welfare policies
Administrative Law and Public Welfare Policies:
What is Administrative Law?
Administrative Law governs the activities of administrative agencies of government. It ensures that these agencies act within their powers and follow fair procedures when implementing laws and policies.
Relationship with Public Welfare Policies
Public welfare policies are government measures aimed at promoting social good — health, education, social security, environment, etc. Administrative law ensures:
Legality: Administrative actions must be within the authority granted by law.
Reasonableness: Decisions must be fair, reasonable, and non-arbitrary.
Procedural fairness: Affected individuals must have the right to be heard (audi alteram partem).
Accountability: Officials can be held responsible for misuse of power or neglect.
This legal framework protects citizens against arbitrary or unfair exercise of power while enabling effective implementation of welfare policies.
Important Case Laws on Administrative Law and Public Welfare Policies
1. Maneka Gandhi v. Union of India (1978) AIR 597
Facts:
Maneka Gandhi’s passport was impounded without giving her a reason or an opportunity to be heard.
Judgment:
The Supreme Court held that any administrative action affecting personal liberty must be fair, just, and reasonable. The right to personal liberty under Article 21 includes the right to a fair hearing.
Significance:
Expanded procedural fairness and due process principles in administrative actions, reinforcing protection of individual rights in welfare policy implementation.
2. Olga Tellis v. Bombay Municipal Corporation (1985) AIR 875
Facts:
Eviction of pavement dwellers without providing alternative accommodation.
Judgment:
The Court recognized the right to livelihood as part of the right to life under Article 21 and held that state action affecting livelihood must be reasonable and just.
Significance:
Emphasized administrative accountability in public welfare policies, protecting vulnerable citizens from arbitrary eviction.
3. Kesavananda Bharati v. State of Kerala (1973) AIR 1461
Facts:
Challenge to land reform laws which restricted property rights.
Judgment:
The Supreme Court propounded the basic structure doctrine, ruling that laws affecting fundamental rights must not violate the Constitution’s basic structure.
Significance:
This case limits arbitrary administrative and legislative actions, ensuring public welfare policies respect constitutional principles.
4. Delhi Development Authority v. Skipper Construction Co. (1996) 6 SCC 619
Facts:
The Delhi Development Authority (DDA) took land under a regulation for public use, but compensation was delayed.
Judgment:
The Supreme Court held that public authorities must act fairly and compensate timely for land acquisition.
Significance:
Strengthened the doctrine of fairness and reasonableness in administrative action affecting property rights and welfare policies.
5. L. Chandra Kumar v. Union of India (1997) 3 SCC 261
Facts:
Constitutionality of tribunals in administrative justice system was challenged.
Judgment:
The Court held that tribunals exercising judicial powers must adhere to principles of natural justice and are subject to judicial review.
Significance:
Ensured accountability and fairness in administrative adjudication impacting public welfare.
Summary
Administrative law regulates government agencies implementing public welfare.
Ensures legality, fairness, accountability, and reasonableness in administrative actions.
Landmark cases have expanded procedural safeguards and limited arbitrary power.
Courts protect fundamental rights even in the context of social welfare policies.
Judicial review is a key mechanism to check administrative excess.
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