Conduct Of Public Bodies Has To Be Fair & Not Arbitrary; Do Not Force Citizens To Approach Courts: SC
Supreme Court Principle: Conduct of Public Bodies Must Be Fair and Not Arbitrary
Key Message:
Public authorities and government bodies must act fairly, reasonably, and transparently in their dealings with citizens. They should not act arbitrarily or unfairly, nor should they force citizens to resort to the courts for justice.
Background
Public bodies include government departments, local authorities, statutory agencies, and any institution performing public functions.
Citizens rely on these bodies for services, rights, and redress.
When public authorities act arbitrarily or unfairly, it causes injustice, harassment, and delays.
What Does “Fair and Non-Arbitrary Conduct” Mean?
Fairness:
Decisions should be made following natural justice — giving citizens a chance to be heard, applying rules consistently, and without bias.
Non-Arbitrariness:
Actions should be based on valid reasons, proper procedures, and reasonable grounds.
Avoidance of capricious or whimsical decisions.
Transparency:
Processes should be open and clear to those affected.
Accountability:
Public bodies must be answerable for their decisions and actions.
Supreme Court’s Observations
Public bodies must discharge their duties with fairness to maintain public confidence.
They should resolve grievances promptly and effectively without making citizens file litigation.
The court urged authorities to adopt proactive grievance redressal mechanisms.
Judicial intervention should be a last resort, not the first option.
Arbitrary decisions harm the democratic fabric and the rule of law.
Why is This Important?
| Aspect | Explanation |
|---|---|
| Citizen’s Right | To be treated fairly and justly by public authorities |
| Efficiency | Fair conduct reduces litigation, saves time and resources |
| Public Trust | Builds confidence in government and its institutions |
| Rule of Law | Ensures government acts within legal and ethical bounds |
Summary Table
| Principle | Description |
|---|---|
| Fairness | Following due process and natural justice |
| Non-Arbitrariness | Decisions must have valid reasons, not whimsical or capricious |
| Transparency | Clear and open procedures |
| Accountability | Authorities must be answerable for their actions |
| Avoid Forcing Litigation | Resolve issues internally to prevent unnecessary court cases |
Conclusion
The Supreme Court’s directive is a call to good governance, urging public bodies to treat citizens fairly and ensure their actions are just and lawful. It emphasizes that the government should be a facilitator, not a hurdle, in citizens’ pursuit of rights and justice.
RELATED Blog
0 comments