Chapter 28: MISCELLANEOUS
Control over the permanent is executive is by the political
executive i.e. PM and his council of ministers and the
Legislature i.e. Parliament.
Legislative control is more theoretical and ineffective
even though our constitution has made the legislature
supreme our executive and even judiciary as long as it
remains within the framework of the constitution:
- Parliament doesn't have time and expertise to monitor
- Parliaments financial control is hindered by technical
nature of demand for grants.
- Size of parliament is too large.
- Executive is a part of legislature too and controls it.
- Parliament makes a general law and detailed
implementations and rules for it are made by bureaucracy
in delegated legislation.
- Ordinance making power further dilutes the parliaments
- Committees mostly do post mortem work so does the CAG.
- Guillotine of most demand for grants due to lack of time
means that system isn't effective.
Executive Control: Control by the
political executive over the permanent executive is
constant, continuous, stimulative and directive.
- Political direction: Policies formulated by the cabinet
are implemented by the civil service and under the
supervision of the executive.
- Budget: Executive formulates budget and get its
authorised by parliament.
- Appointment and removal of personnel in the service is
done by the political executive.
- The political executive makes rules, procedures and
regulations that have to be obeyed by the administration.
- Staff agencies are the eyes and ears of the cabinet and
ensure their instructions are followed.
Judicial control: All orders, laws,
bylaws have to be as per the framework established by the
constitution. The laws can be invalidated by judiciary if
they are not. This is because judicial review is allowed by
Constitution either has "Procedure established by law"
which means the judiciary has supreme power over executive
and legislature and can declare any act unconstitutional.
The Indian constitution has "Due process of law" which means
judiciary can declare laws as unconstitutional but the
parliament can amend the constitution and override the
The state can be sued by citizens for contracts but
officials can't. Similarly for wrongful action by officials
i.e. torts the state can be sued for non sovereign functions
but not sovereign functions. State can't be held liable for
actions done by servants in personal capacity.
- Courts can't intervene in administrative process on
- Courts exercise post mortem control.
- Parliament can exclude certain matters from purview of
- Administration has increased in complexity and judges
can't understand technical actions. They also can't
intervene in every matter.