Bureaucracy Vs Government

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an age-old search has gone on for the secret of good Government ensuring to the citizens individual liberty. According to Montesquieu, the doctrine of separation des pouvoirs means that one person or body of persons should not exercise all the three types of powers. The Legislature should make legislation and should not administer or enforce it. The executive should neither control the Legislature for getting the laws it wants, nor should it lake over the functions of the judiciary. If that were so justice will be arbitrary and capricious. The judiciary should be independent of both of the executive and the Legislature. The modern interpretation of the doctrine is not a mere theoretical philosopher's conception. It is practical work-a-day…show more content…
The judicial review of administrative acts and actions is an essential principle of rule of law. The State and as such Government in subject to de drort, that is, the state is submitted to the law and all its actions are performed and carried out subject to the Constitution, the law and within the limit and control of constitution. The bureaucracy too is accountable its actions and acts, performed or done in accordance with the rules and rules of natural justice. The hierarchical responsibility of civil servants is in-built discipline of administration. The heads of the Government Departments are identified and are responsibly and accountable for the order by the administration for disciplinary action. Even the persons holding Ministerial positions are accountable albeit politically. The Court review is an incident of its judicial duty. The Court-review is done both substantively and procedurally. It ensures the intra vires the law-statutory or otherwise of the administrative action. It examines the legality and propriety of administrative action. It ensures existence of pre-decisional conditionalities, and the existences necessary, grounds and facts, reports or documents which must be looked into and formulate the opinion for taking action e.g., a State Governor's report and other information on the basis of which the President "is satisfied that a situation has arisen in which the Government of the State cannot be carried on in accordance with the provisions of the Constitution", although in any such situation the Court is enjoined to examine into the sufficiency of the Governor's advice or advice of cabinet, and weight of other information available to him. It guards against personal opinion, arbitrariness, mala fides ulterior or hidden political motivation, while issuing a proclamation. Procedurally the

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