In India the legislature, the representative body of the people exercises control over the administration. The administration cannot act contrary to the guidelines laid down by the legislature. It lays down the broader policy of administration. The legislature not only defines the functions of the government but also provides the finance for its various programmes. The control over financial matters is exercised through the various committees established by the legislature. The administration cannot spend a single rupee without the sanction of legislature. The administration is expected to keep the accurate account of all financial transactions and submit the reports of such transactions to the legislature.
The legislature also deals with the matter related with public personnel. The manner of recruitment of the public personnel, their number, their duties and powers, their service conditions, rules of procedure, code of conduct etc. are determined by the legislature. The failure to adhere to those rules accounts for the disciplinary action against the administration. Further the public personnel are held responsible for their official acts. They are supposed to keep the proper records of their official acts and submit the reports to the legislature at least once a year, when called upon by the legislature giving a full account of their acts. The legislature may also conduct the special investigation or inquiry of the manner in which administrative affairs have been conducted. The legislature has the general power of direction, supervision and control over administration.
Legislature As a Source of All Administrative Powers
Since the legislature promulgates all those laws on the basis of which all administrative functions are performed, the legislature is called the fountain of all administrative powers. Generally, it is wrongly believe that all administrative powers lie in the executive. The reason of this miss concept is that we take the word executive and administrative as synonymous. In fact they are distinct. The function of the executive is to represent the government and to see that different departments of the government are implementing the laws.
The means of legislative control :
1 Parliamentary Questions Questions are a very effective technique of control over the executive. M.Ps can put questions to ministers after giving a due notice. There is a provision of supplementary questions too. Through questions public grievances are ventilated. They keep the Civil servants on their toes. Hugh Gaitskell has rightly remarked, "if there is one measure which leads civil servants to be excessively cautious, timid and careful it is the fear of parliamentary questions." These questions create political awareness among the people. And the Minister are also afraid of them.
2 Debate and Discussions It is also a tool of research and minute examination of government activities.
a On Presidential Address : In all parliamentary forms of government, viz., India, U.K , Canada etc., Every new session of Parliament begins with presidential address. The presidential address embodies principles, policies of Administration, present and future plans, government views on national and international activities. 4 days are allotted for discussion on the address. During this period the opposition leave no stone unturned in criticising government policies. It creates political awareness among the people.
b On the Bills : Most of the bills presented in the Parliament are by the government on the ruling party. During the different stages of bills, the members of the opposition party get the opportunity to challenge the government. They try to expose the government policies. Many a time the criticism become so serve that the government is forced to make considerable changes in the bills, or has to take them back.
c On Other Matters : Besides, any other matter of public concern can be taken up for general discussion in the parliament. The opposition like a wolf is always on trail to find out the weakness of the government. The matter maybe small or big, it cannot escape from the fusillade of criticism from the opposition.
d On the Budget : Before the financial year begins there is an 'annual financial statement' called the 'Budget' that is laid down before the houses of parliament. After that the general discussion takes place on it and all doubts are sought to be cleared. Then there is a voting done to pass it and then the funds are granted. So it is not an easy procedure to get funds.
3 Auditing. Parliament is the custodian of public funds. It is fund-raising and fund-granting authority. Besides sanctioning the money for public expenditure, it has also to ensure that the money is spent legally and honestly. This control over expenditure is exercised by the Parliament through the Comptroller and Auditor General. He audits public expenditure from the Consolidated Fund of India, on behalf of the legislature. He submits his audit report to both the central and state legislatures, as the case may be. Audit has been described as one of the principal historic means of holding public officials to account.
4 Question hour. One hour,that is 11 a.m to 12 p.m. of every parliament day is reserved for questions where around 30-40 oral questions are asked normally and then there are supplementary questions along with the original question that helps cross examine the minister. It helps the public attention to focus on a particular issue and avoids ministerial and bureaucratic arrogance from creeping in.
5 Vote No-confidence Motion. It is also called a vote of censure. It is a very powerful method of parliamentary control. In a country having Parliamentary form of Government, the government can be dismissed through a vote of no-confidence. When the opposition feels that they are totally dissatisfied with the policies and working of the government, that take recourse to this method. If the motion is carried in the house, the government has to resign. But mostly the motions are turn down for want of majority.
6 Adjournment Motion. To draw the attention of the government to the questions of urgent nature and of public importance such as flood, earthquake etc. The device of adjournment motion is used. If the moving of adjournment motion is permitted by the presiding officer then the normal business of the House is suspended for the day and the immediate debate takes place. During the debate and the discussion on the adjournment motion the members of parliament get an opportunity to criticize the administration. Adjournment Motion is the tool of day to-day control.
8 Zero hour discussion. It happens after the question hour that is 12 p.m. and since 12 p.m. is also called zero hour therefore it is named 'Zero Hour'. Here upto five members are allowed by the Speaker to raise matters of public importance under rule 377of the rules of parliamentary procedure.
9 Parliamentary Committees. Parliamentary committees also exercise great control over administration. The examine and scrutinize the working of Administration. In India the public accounts committee and estimates committee are two very important financial committees of the Parliament. Public accounts committee has to scrutinize the appropriation of accounts of the Government of India and the report of the Comptroller and Auditor General there of, and it has to point out whether public money was spent legally and honestly or not. The estimates committee, after reviewing the organisation of the whole budget, suggests economies in the expenditures.
This committee has helped not only to keep vigil on the administration efficiency, but has also help in removing many of the defects inherent in the previous system. The ministers are now careful in giving promises and the administration is prompt enough to take action on the promises given. The various ministers of the government are now conscious of their duties towards parliament.
The Limits of Legislative Control Over Administration
Legislature should not be allowed to exercise control over routine working of the administration. Power should be delegated to the administrative officers, and internal vigilance should be exercised on the use of powers. The misuse of power by the officials should be checked. The detailed legislative control can cause admistrative paralisis. There should be confidence in the efficiency of public servants.
The control of the Legislature over the administration is a salient feature of parliamentary democracy. It is also and indirect method of making the administration responsible to the people. But this control appears to be effective only in theory ; in practice, there are many limitations to the control.
1) Lack of time,staff and expertise and technical knowledge to exert effective control in the most meaningful areas.
2) No sustained measure of control and surveillance.
3) Imperial or rigid mindset of administrators and huge public illiteracy.
4) business groups lobbying.
5) Seniority instead of merit given preference for promotion of bureaucrats thus not letting them do their work with vigour and new ideas.
6) Declaration of emergency cuts their hands off.
7) Govt. bills to become laws out shadow private member's bills which are mostly for the public cause.
8) Funds are not provided many a times as the legislature lacks technical knowledge and is not able to understand the need by the executive for excess grants.
9) Parliament cannot raise money or any tax unless executive demands it but can only increase or reduce those demands
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