ADMINISTRATIVE JUSTICE: A ROAD TOWARDS EQUALITY
Author: Pulkit Bansal, III year of B.A.,LL.B. from Baba Farid Law College, Faridkot
In modern times, to get the proper justice in a country administrative justice or administrative adjudication is the most important factor required. If there would be no equity when seeking justice where will the citizens of the country go? Therefore, a country needs to have a just and proper administrative system.
It can be said that justice is a concept of moral rightness. Accordingly, to acquire justice the government authorities must address each person who seeks justice as equals. If the government cannot even do this it can hardly be called justice. All over the world, we can see a lot of people being harassed in the name of law by police and other authorities and there are also cases where people do not get equal recognition by the authorities just because they are not well to do. Moreover, in India people who do day to day jobs to earn their daily wages always face a lot of challenges which hinders their ability to work.
In India, almost every street vendors and pedlars face problems selling their goods as they cannot find a proper place to set up their goods to be sold and even if they find the place they are disturbed and harassed by local government officials and police officers on daily basis, also there are some instances where their goods are destroyed by the officials and vendors and pedlars also have to bribe the officials if they have to do their work. The officials think daily wagers as low class and do not recognize them because of the work they do. Due to the corrupt system in India often on local as well as higher-level only those laws are made which pleases the rich and the rights of a poor person are not even taken into consideration. The government officials agree to what rich people say and work accordingly as they get to warm their pockets.
Due to all these reasons, it is more important to have the proper administration of justice. But what does the administration of justice mean? Administrative justice is the exercise of certain powers by administrative agencies which are delegated to them by the legislative body. The important thing to note here is that these powers are both legal and administrative. The powers which are granted to the administrative body grant them the power to issue regulations and the authority to adjudicate cases within its area of jurisdiction. The principles of administrative justice generally require the authority to behave in a manner which should be lawful, reasonable and fair. Administrative justice is the most secure way to protect daily and low wage workers.
As we are talking about administrative justice it’s also important to know about the importance it holds. Firstly, administrative justice is advantageous for a country as it brings uniformity and consistency in the laws. The laws which are or which are to be created will be more accurate and work better in the development of the country. The laws will be directed towards equity and cover a larger amount of masses. Secondly, a proper system of administration will reduce disparity among various classes of society. Thirdly, the ruler made for the betterment of its citizens will have a collective front and the laws will face less rejection by its citizens and therefore, citizens will abide by them easily. Thirdly, when the laws made are known to the citizens that is why the citizens can easily regulate their conduct following the laws with minimum resistance which will lead to more public harmony. Fourthly, rules made are always fixed, therefore; it helps judge in applying the law uniformly.
As discussed above various problems faced by the citizens of India while seeking justice and also discussing a solution that being administrative justice and it is about time to conclude that India’s administration of justice lags far behind some countries, for example, France and England. Further saying France has a brilliant system of administration. There are tribunals in France which are known as administrative tribunals. These tribunal’s deal with cases related to government agencies exceeding their powers, public officials transgressing their authority and also complaints of officials concerning their job transfers, dismissals, etc. Therefore, it is necessary for India to progress in the administration of justice or to be precise administration law. But even so, making of new laws as well as their implementation may be progressing at a slow rate, certainly, courts will always try their best to grant justice to those who seek it, despite the fact they are being so much disparity in the nation.