ISSN (Print) - 0012-9976 | ISSN (Online) - 2349-8846

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Regulating the Bureaucracy

Regulating the Bureaucracy Mohammed Imam ADMINISTRATIVE law, Says Chief Justice P B Mukharji in his foreword to this hook, still remains ideologically confused in spite of many attempts to define and explain it. In his view, 'the law that regulates administration in its impact on the subect', is perhaps a simple but incomplete definition of the rratisre of administrative law. The growth of the bureaucracy in the modern state and society is largely responsible for the growth and importance of administrative law. The purpose of administrative law is to control administrative actions and to correct them insofar as they affect or tend to affect the rights or interests of individuals. It is a branch of (public law embodying principles, methods and machinery devised to achieve the above stated objective. Its need in India is no less and, barring a few exceptions, its growth can hardly be said to have failed to keep pace with the ever-growing need for it. Although administrative and legislative controls of administrative actions form part of this important branch of law and it is a practice to include them in any book dealing with administrative law, for the greater and more substantial part it consists of those principles of law and techniques which the courts have evolved over a period to correct administrative actions and to give adequate relief to the individual concerned.

Changing Contours of Right to Compensation

Mohammed Imam A sizeable and influential section of opinion in the country has held that the Supreme Court's judgment invalidating the Banking Companies (Acquisition and Transfer of Undertakings) Act, 1969, is a major obstacle to implementation of socialistic measures. The wisdom of the Constitution-makers in trusting Supreme Court to review state action to ensure enforcement of fundamental rights is questioned by this section of opinion which believes that the legislature has a better title to interpret the Constitution than the judiciary.

Changing Contours of Right to Compensation

A sizeable and influential section of opinion in the country has held that the Supreme Court's judgment invalidating the Banking Companies (Acquisition and Transfer of Undertakings) Act, 1969, is a major obstacle to implementation of socialistic measures. The wisdom of the Constitution-makers in trusting Supreme Court to review state action to ensure enforcement of fundamental rights is questioned by this section of opinion which believes that the legislature has a better title to interpret the Constitution than the judiciary.
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