Lecture Notes: Public Accountability

Introduction

• Lecture by Professor P.S. Jaswal, Vice Chancellor of YSRM University Sonipat
• Previous roles: Vice Chancellor of RGNUL and HNLU
• Discusses public accountability, its administrative and governmental aspects
• Importance of rights and the exercise of power

Key Concepts and Theories

Doctrine of Public Accountability

• Current discussions highlight both upward and downward accountability
• Public Accountability: Ensuring accountability of the government and its officials to the public

Rights vs. Power

• The balance between power and liberty is foundational to administrative law
• Hohfeldian Concept of Jural Relationships:
  • Power correlates with liability
  • Immunity versus disability

Liability and Remedies

• Importance of accountability in civil and criminal liability
• The principle "ubi jus ibi remedium" (where there is a right, there is a remedy)
• Case Reference: Secretary, Jaipur Development Authority vs. Malzahan (1997) - power must be exercised once vested

Rule of Law and Non-Arbitrary Power Exercise

Article 14 – Right to Equality

• No discrimination principle
• Tests for reasonable classification:
  • Intelligible differentia
  • Rational nexus with the object
• Supreme Court case E.P. Royappa vs. State of Tamil Nadu (1974): Right to equality is antithetic to arbitrariness

Control of Discretionary Power

• Need for guidelines to prevent arbitrary power
• Wednesday Principle: Plausible justification for decisions
  • Cases: Associated Provincial Picture Houses Ltd vs. Wednesbury Corporation (1948), Delhi Science Forum vs. Union of India (1996)
• Principles of Natural Justice:
  • Rule against bias
  • Audi alteram partem (right to be heard)
  • Reasoned decisions

Judicial Review and Accountability

Grounds for Judicial Review

• Illegality
• Irrationality
• Procedural Impropriety
• Case References: Indian Railway Construction Co. Ltd vs. Ajay Kumar (2003)

Proportionality Principle

• Action must be proportional to the wrong
• Case References: Om Kumar vs. Union of India (2001)

Case Studies and Supreme Court Verdicts

Fixing Personal Liability

• Misuse of power and fixing personal liability
• Examples of Supreme Court decided cases showing consequences of misuse of power:
  • Krishnadas vs. State of Haryana (1994): Compensation recovered from selection board members
  • Lucknow Development Authority vs. M.K. Gupta (1994): Compensation for capricious actions
  • Gian Kaur vs. DDA (1995): Environment planning violations
  • State of Punjab vs. Gurnaib Singh (1995): Fake encounter case
  • DDA vs. Skipper Construction Co. Ltd (1996): Allotted land without auction money

Concluding Points

Importance of Objective Decision-Making

• Objective vs. subjective decisions
• Performance of duty and public interest

Questions and Discussion

• Exception conditions for rule of law
• Situational examples and deeper explanations needed by students

Closing Remarks

• Thankful to Professor Jaswal for detailed insights on public accountability
• Next session: Trusts and Trustees under the Indian Trust Act by S. Mukand