Sandhya G, 3yr LL.

ADMINISTRATIVE LAW
TOPIC - EMERGING TRENDS IN ADMINISTRATIVE LAW TO CURB CORRUPTION

SYNOPSIS

- Introduction
- Meaning of Corruption:
- Legislative Reforms to Curb Corruption in India
- Judicial Activism
- Regulatory and Investigative Agencies
- E- Governance and Technological Measures.
- Landmark Judgements and Case Laws
- Conclusion

INTRODUCTION

Corruption is one of the most pervasive and deep-rooted challenges faced by India,
undermining governance, public trust, and socio-economic progress. To combat this issue,
administrative law has evolved over the years to create mechanisms that promote
transparency, accountability, and efficiency in public administration. Administrative law
serves as a tool to regulate the powers of public officials and ensure they act within the
boundaries of legality, fairness, and reasonableness.

In recent years, several new trends have emerged in Indian administrative law to address
corruption. These include the enactment of laws like the Right to Information (RTI) Act,
Whistleblower Protection Act, Lokpal and Lokayuktas Act, and amendments to the
Prevention of Corruption Act, along with initiatives promoting digital governance. These
measures, supported by judicial interventions, have played a crucial role in curbing
corrupt practices within government institutions.

Meaning of Corruption:

corruption refers to the abuse of public power, authority, or resources by government

officials for personal or private gain. It includes illegal or unethical activities such as
accepting bribes, favoritism, embezzlement, nepotism, and undue influence, which result
in the violation of established rules and fairness in public administration.

Administrative law in India establishes mechanisms to combat corruption by ensuring

that public officials act within legal and ethical boundaries. It provides for transparency,
accountability, and procedural fairness in public decision-making through regulations and
institutions such as:
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 The Right to Information (RTI) Act (promotes transparency),

 Prevention of Corruption Act (penalizes corrupt acts),

 Central Vigilance Commission (CVC) (supervises vigilance matters),

 Lokpal and Lokayuktas Act (handles high-level corruption cases).

Judicial intervention also plays a significant role in enforcing anti-corruption measures,

promoting accountability of public authorities. Corruption, under administrative law, is
treated as a violation of public duty and trust, subject to legal sanctions to uphold the
integrity of governance.

LEGISLATIVE REFORMS TO CURB CORRUPTION IN INDIA

1. Prevention of Corruption Act, 1988 (Amended in 2018)

The Prevention of Corruption Act was enacted to address widespread corruption among
public officials. The Act was substantially amended in 2018 to address inadequacies in the
original legislation.

Key Provisions:

 Definition of Corruption: The Act defines various forms of corruption, including

bribery, abuse of power, and criminal misconduct by public servants.

 Bribery: It criminalizes the acceptance (by public servants) and giving (by
individuals) of bribes, making both actions punishable offenses.

 Sanction for Prosecution: The 2018 amendment requires prior sanction from the
appropriate authority before prosecuting public servants, aiming to protect honest
officials from frivolous allegations.

 Enhanced Penalties: The penalties for corruption offenses have been increased,
with imprisonment ranging from three to seven years, along with fines.

 Trial Procedures: Special courts have been established to expedite the trial of
corruption cases.

Impact:

 Deterrence: The stringent provisions aim to deter public officials from engaging in
corrupt practices.

 Protection of Whistleblowers: By requiring sanctions for prosecution, the Act

helps to shield whistleblowers from abuse.

Challenges:
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The effectiveness of the Act is often hampered by bureaucratic inertia and a lack
of political will to prosecute influential offenders and delays in the judicial system
can undermine the Act's deterrent effect.

2. Right to Information (RTI) Act, 2005

The RTI Act was enacted to empower citizens by providing them access to information
held by public authorities, fostering transparency and accountability in governance.

Key Provisions:

 Right to Information: Citizens can request information from any public authority,
which is obliged to respond within 30 days.

 Proactive Disclosure: The Act mandates that certain information be proactively

disclosed by public authorities to minimize the need for requests.

 Information Commissions: The Act provides for the establishment of Central and
State Information Commissions to oversee implementation and handle appeals.

Impact:

 Empowerment of Citizens: The RTI Act has empowered citizens to seek

information about government operations, thereby exposing corrupt practices.

 Increased Transparency: The proactive disclosure of information reduces the scope

for corruption by making government actions more visible.

Challenges:

Individuals seeking information often face threats and harassment and despite its
potential, the Act is underutilized by many citizens due to lack of awareness or
fear of retribution.

3. Whistle Blowers Protection Act, 2014

This Act was enacted to encourage individuals to report corruption and misconduct in
public offices by providing legal protection to whistleblowers.

Key Provisions:

 Protection against Retaliation: The Act prohibits victimization of whistleblowers

who report corruption or misconduct, providing safeguards against retaliation
from employers.

 Anonymous Complaints: Whistleblowers can file complaints anonymously,

encouraging more individuals to come forward.
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 Establishment of Authorities: The Act provides for the establishment of

authorities to receive and investigate complaints.

Impact:

 Encouragement to Report: By providing protection, the Act encourages more

individuals to report corruption, which can lead to greater accountability in public
offices.

Challenges:

The Act does not cover whistleblowers in the private sector and There have been
delays in the establishment of authorities to handle complaints, undermining the
Act's effectiveness.

4. Lokpal and Lokayuktas Act, 2013

This Act was introduced following widespread public demand for a strong mechanism to
investigate and address corruption among high-ranking officials.

Key Provisions:

 Establishment of Lokpal: The Act establishes the Lokpal at the central level to
investigate complaints against public officials, including the Prime Minister.

 Investigation Powers: Lokpal has the authority to investigate and recommend

action against those involved in corruption.

 State Lokayuktas: The Act encourages states to establish Lokayuktas to investigate

corruption at the state level.

Impact:

 Independent Oversight: The Lokpal serves as an independent body to tackle

corruption, aiming to enhance public trust in governance.

 Accountability: The Lokpal’s powers to investigate complaints against officials at

all levels promote accountability.

Challenges:

Although the Lokpal was established, there have been delays in the appointment
of members, affecting its functioning and there is a lack of awareness among the
public about how to lodge complaints with the Lokpal.

5. Benami Transactions (Prohibition) Amendment Act, 2016

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The Benami Transactions (Prohibition) Act was enacted to combat the misuse of the
financial system for illicit gains.

Key Provisions:

 Definition of Benami Transactions: The Act defines benami transactions as

transactions where property is held by one person for another, with the intent to
conceal the identity of the real owner.

 Prohibition and Penalties: It prohibits such transactions and provides for penalties,
including imprisonment and fines for offenders.

 Confiscation of Benami Properties: The Act empowers authorities to confiscate

properties held under benami transactions.

Impact:

 Deterrence against Money Laundering: By targeting the concealment of illicit

wealth, the Act serves as a strong deterrent against money laundering and
corruption.

 Enhanced Financial Transparency: It promotes transparency in property

ownership and financial transactions.

Challenges:

The effectiveness of the Act depends on proper enforcement mechanisms, which

can be lacking in some areas and the legal definitions and processes can be
complex, leading to challenges in prosecution.

6. Black Money (Undisclosed Foreign Income and Assets) and Imposition of Tax Act,
2015

This Act was introduced to tackle the issue of black money held abroad by Indian
citizens.

Key Provisions:

 Disclosure Requirements: It mandates Indian citizens to disclose their foreign

income and assets.

 Penalties for Non-Compliance: The Act imposes strict penalties for failing to
disclose such income, including imprisonment of up to 10 years.

 Taxation on Undisclosed Income: Undisclosed foreign income is taxed at a flat rate

of 30%, with no exemptions or deductions allowed.
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Impact:

 Combatting Tax Evasion: The Act aims to discourage tax evasion and promote
compliance among citizens with foreign assets.

 Strengthening Financial Regulation: It enhances the regulatory framework for

monitoring financial transactions related to foreign assets.

Challenges:

Individuals may face difficulties in compliance due to the complexity of

international tax laws and Coordination between various government agencies is
crucial for effective implementation, and gaps may exist.

7. E-Governance Initiatives

E-governance initiatives aim to improve the efficiency and transparency of government

services, thereby reducing opportunities for corruption.

Key Provisions:

 Digital Service Delivery: Various government services are delivered online,

reducing the need for personal interaction between citizens and officials.

 Government e-Marketplace (GeM): A platform for public procurement that

ensures transparent and fair bidding processes.

 Aadhaar-Based Services: Use of Aadhaar for direct benefit transfers and welfare
schemes to minimize leakages and fraud.

Impact:

 Reduced Corruption Opportunities: By minimizing face-to-face interactions, e-

governance reduces the potential for bribery and corruption.

 Enhanced Public Accountability: Digital records promote transparency, making it

easier for citizens to scrutinize government actions.

Challenges:

Not all citizens have equal access to digital technologies, potentially excluding
vulnerable populations from benefiting and the increase in online services raises
concerns about data security and the potential for cyber fraud

JUDICIAL ACTIVISM

It refers to the proactive role played by the judiciary in interpreting laws and
constitutions, often stepping beyond the traditional boundaries of judicial restraint to
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address social justice, protect fundamental rights, and ensure accountability of public
authorities. In India, judicial activism has significantly shaped the interpretation of laws
and has played a crucial role in the evolution of constitutional and administrative law.
Below is a detailed overview of judicial activism, its significance, and its implications for
legal interpretation.

1. Definition and Characteristics

 Proactive Role: Judicial activism emphasizes an active role for judges in

interpreting laws, often taking into account the broader societal context and moral
considerations.

 Protection of Rights: Courts engage in activism to protect fundamental rights and

ensure that legislative and executive actions do not infringe upon these rights.

 Expansion of Judicial Powers: Judicial activism often leads to an expansion of

judicial powers, enabling courts to intervene in matters traditionally reserved for
the legislature or executive.

 Dynamic Interpretation: Courts adopt a dynamic and progressive approach to

interpreting statutes and constitutional provisions, aligning legal principles with
contemporary societal needs.

2. Significance of Judicial Activism in India

 Social Justice: The Indian judiciary has employed judicial activism to address issues
of social justice, particularly for marginalized and disadvantaged groups. Landmark
judgments have expanded the scope of fundamental rights, ensuring access to
justice.

 Protection of Fundamental Rights: Judicial activism has played a pivotal role in

interpreting the Fundamental Rights enshrined in the Constitution, enabling
courts to strike down unconstitutional laws and executive actions that violate
individual rights.

 Public Interest Litigation (PIL): The introduction of PIL has allowed individuals
and organizations to approach the courts on behalf of those unable to seek justice
themselves. This mechanism has empowered the judiciary to address public
grievances and enforce socio-economic rights.

 Accountability of Public Authorities: Courts have intervened to hold public

officials accountable, ensuring that they act in accordance with the law and do not
abuse their powers.
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3. Judicial Activism and Interpretation of Laws

 Dynamic Interpretation of the Constitution: The judiciary has interpreted

constitutional provisions in a manner that reflects changing societal values. For
instance, the right to privacy was recognized as a fundamental right in Justice K.S.
Puttaswamy v. Union of India (2017), expanding the interpretation of Article 21
(Right to Life and Personal Liberty).

 Interpreting Statutes: Courts have interpreted statutory provisions in a way that

aligns with the principles of justice, equity, and good conscience. The judiciary
often fills legislative gaps through interpretative mechanisms, ensuring that laws
serve their intended purpose.

 Expanding the Scope of Rights: The judiciary has broadened the understanding of
various rights. For example, the right to a clean environment has been recognized
as part of the right to life under Article 21, reflecting the judiciary's commitment
to protecting the environment and public health.

4. Criticisms of Judicial Activism

 Judicial Overreach: Judicial activism can lead to judicial overreach, where courts
encroach upon the domains of the legislature and executive. This can disrupt the
balance of power among the branches of government.

 Lack of Expertise: Courts may lack the expertise to make decisions in complex
policy matters, which are better suited for elected representatives with specialized
knowledge.

 Potential for Inconsistency: Judicial activism can lead to inconsistency in legal

interpretations, as different benches may adopt varying approaches to similar
issues.

 Judicial Legislation: Some argue that courts engage in judicial legislation by

creating laws through interpretation, which should be the prerogative of the
legislature.

REGULATORY AND INVESTIGATIVE AGENCIES

The role of regulatory and investigative agencies in India is crucial in maintaining the
rule of law, ensuring compliance with legal frameworks, and protecting public interests.
These agencies operate across various sectors, including finance, environment, health, and
consumer protection, and are essential in regulating activities, enforcing laws, and
investigating violations. Below is a detailed overview of their roles, functions, and
significance.
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1. Definition and Purpose

 Regulatory Agencies: These are government bodies established to create and

enforce rules and regulations within specific sectors to ensure public welfare,
protect consumers, and maintain market integrity.

 Investigative Agencies: These agencies are responsible for investigating alleged

violations of laws and regulations, collecting evidence, and prosecuting offenders.
They play a key role in enforcing legal compliance and combating corruption and
organized crime.

2. Key Functions of Regulatory Agencies

 Rule-Making: Regulatory agencies formulate rules and guidelines that govern the
conduct of businesses and individuals within their jurisdictions. This includes
setting standards for safety, quality, and fair practices.

 Licensing and Registration: Many regulatory bodies are tasked with issuing
licenses and permits to ensure that entities comply with legal and regulatory
requirements before operating in specific sectors.

 Monitoring and Compliance: Regulatory agencies monitor activities within their

domains to ensure compliance with established laws and regulations. They
conduct inspections, audits, and reviews to assess adherence to standards.

 Enforcement: These agencies have the authority to take enforcement actions

against individuals and entities that violate laws and regulations. This can include
fines, penalties, suspension of licenses, or even criminal prosecution.

 Consumer Protection: Regulatory agencies often focus on protecting consumers by

ensuring that goods and services meet safety and quality standards and by
addressing grievances related to unfair practices.

 Advisory Role: Regulatory agencies provide guidance and recommendations to the

government on policy matters, helping shape legislative frameworks and
regulatory approaches.

3. Examples of Regulatory Agencies in India

 Securities and Exchange Board of India (SEBI): Regulates the securities market to
protect investor interests, promote fair trading practices, and develop the capital
market.

 Reserve Bank of India (RBI): The central bank that regulates the banking sector,
manages monetary policy, and ensures financial stability.
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 Food Safety and Standards Authority of India (FSSAI): Ensures the safety and
quality of food products, regulating food businesses and enforcing standards.

 Telecom Regulatory Authority of India (TRAI): Regulates the telecommunications

sector, ensuring fair competition, quality of service, and consumer protection.

 Central Pollution Control Board (CPCB): Responsible for monitoring and

controlling pollution, enforcing environmental laws, and promoting sustainable
practices.

4. Role of Investigative Agencies

 Investigation and Intelligence Gathering: Investigative agencies conduct inquiries

into allegations of wrongdoing, corruption, or illegal activities. They gather
evidence, interview witnesses, and analyze data to build cases against offenders.

 Enforcement of Laws: These agencies have the authority to enforce laws related to
criminal offenses, economic offenses, and regulatory violations. They work closely
with law enforcement to prosecute cases in court.

 Collaboration with Other Agencies: Investigative agencies often collaborate with

regulatory bodies, law enforcement, and international organizations to combat
complex crimes, such as fraud, corruption, and money laundering.

 Public Awareness and Education: Many investigative agencies engage in public

outreach and education to inform citizens about their rights, the importance of
compliance with laws, and how to report violations.

5. Challenges Faced by Regulatory and Investigative Agencies

 Resource Constraints: Many agencies face limitations in terms of financial

resources, manpower, and technical expertise, which can hinder their
effectiveness in performing their functions.

 Corruption and Political Influence: Regulatory and investigative agencies can be

susceptible to corruption or undue political influence, which can compromise
their independence and integrity.

 Public Trust: Building and maintaining public trust is critical for the effectiveness
of these agencies. Scandals or perceived inefficiencies can erode confidence in
their ability to enforce laws impartially.

 Legal and Bureaucratic Hurdles: Regulatory and investigative agencies may

encounter legal challenges and bureaucratic obstacles that impede their efforts to
take timely action against violations.
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E- GOVERNANCE AND TECHNOLOGICAL MEASURES.

E-Governance refers to the use of digital technologies and information and

communication technology (ICT) to enhance the delivery of government services,
improve transparency, and foster citizen engagement. The integration of technology into
governance has transformed the way public services are delivered, making them more
accessible, efficient, and responsive to citizens' needs. Below is a detailed overview of e-
governance, its significance, technological measures, and challenges.

Overview of E-Governance

1. Definition and Objectives

 E-Governance: The application of ICT to the processes of governance to enhance

service delivery, promote transparency, and facilitate communication between
government and citizens.

 Objectives:

o Improve the efficiency and effectiveness of government services.

o Enhance citizen participation in decision-making.

o Promote transparency and accountability in governance.

o Facilitate access to information and services for all citizens.

2. Significance of E-Governance

 Enhanced Service Delivery: E-governance enables faster and more efficient

delivery of public services, reducing bureaucratic delays and improving citizen
satisfaction.

 Increased Transparency: By making information readily accessible online, e-

governance fosters transparency in government operations and decision-making
processes.

 Citizen Empowerment: E-governance empowers citizens by providing them with

the tools to access information, participate in governance, and voice their
concerns.

 Cost-Effectiveness: Digital services can reduce operational costs for government

agencies and provide savings for citizens by minimizing the need for physical
visits and paperwork.
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 Data-Driven Decision Making: E-governance facilitates the collection and analysis

of data, allowing governments to make informed decisions based on evidence and
feedback.

3. Technological Measures in E-Governance

 Digital Platforms and Portals: Government agencies have developed online portals
to provide services such as applying for licenses, paying taxes, and accessing public
information. Examples include the Digital India initiative and the e-District
project.

 Mobile Applications: The use of mobile apps enables citizens to access government
services on-the-go, enhancing convenience and accessibility. Apps for services like
ration distribution and grievance redressal have become popular.

 Cloud Computing: Cloud technology allows for scalable storage and processing of
government data, facilitating better management of resources and services. It
enables government agencies to share resources and collaborate effectively.

 E-Payments and Online Transactions: Secure digital payment systems facilitate

online transactions for various services, reducing the need for cash transactions
and increasing efficiency in revenue collection.

 Geographic Information Systems (GIS): GIS technology is utilized for urban

planning, resource management, and disaster management, helping governments
make data-driven decisions based on spatial data.

 Artificial Intelligence and Data Analytics: AI and data analytics can enhance
service delivery by analyzing large datasets to identify trends, optimize processes,
and predict citizen needs.

 Cybersecurity Measures: As e-governance relies heavily on digital infrastructure,

robust cybersecurity measures are essential to protect sensitive information and
ensure the integrity of government services.

4. Challenges of E-Governance

 Digital Divide: Disparities in access to technology can marginalize certain

populations, limiting their ability to benefit from e-governance initiatives.
Ensuring inclusivity is a key challenge.

 Cybersecurity Risks: With increased digitalization comes the risk of cyberattacks,

data breaches, and misuse of information. Protecting government systems and
citizen data is paramount.
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 Resistance to Change: Bureaucratic inertia and resistance to adopting new

technologies can hinder the successful implementation of e-governance initiatives.

 Interoperability Issues: Different government departments may use disparate

systems, making it challenging to share information and collaborate effectively.

 Skill Gap: The lack of digital literacy among both government employees and
citizens can impede the successful adoption and utilization of e-governance
solutions.

5. Case Studies of E-Governance Initiatives in India

 Digital India Initiative: A flagship program aimed at transforming India into a

digitally empowered society and knowledge economy. It includes initiatives like
broadband connectivity, digital literacy, and the creation of a digital
infrastructure.

 M-Governance: Mobile governance initiatives, such as the e-Sampark app, allow

citizens to access government services via mobile devices, improving convenience
and outreach.

 Online Grievance Redressal Systems: Portals like CPGRAMS (Centralized Public

Grievance Redress and Monitoring System) enable citizens to lodge complaints
and track their resolution.

 e-Tendering and e-Procurement: These systems streamline the procurement

process, making it transparent and reducing corruption by allowing public access
to tender information.

Emerging Issues in E-Governance

1. Privacy Concerns

 Data Privacy: The collection and storage of personal data by government agencies
raise significant concerns about privacy and the potential misuse of information.
The lack of comprehensive data protection laws can exacerbate these issues.

 Surveillance: The use of technology for surveillance and monitoring can lead to
ethical dilemmas regarding individual freedoms and privacy rights.

2. Evolving Technologies

 Artificial Intelligence and Automation: The integration of AI and automation in e-

governance raises questions about accountability, transparency, and the potential
for bias in decision-making processes.
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 Blockchain Technology: While blockchain holds promise for enhancing

transparency and security in transactions, its implementation in public
administration poses challenges related to scalability and regulatory frameworks.

3. Citizen Engagement and Participation

 Limited Public Awareness: Many citizens remain unaware of available e-

governance services and how to access them. Effective communication strategies
are needed to raise awareness and encourage participation.

 Feedback Mechanisms: There is a need for robust feedback mechanisms to gather

citizen inputs on e-governance initiatives, ensuring that services meet their needs
and expectations.

4. Ethical and Accountability Issues

 Transparency in Decision-Making: As e-governance becomes more data-driven,

concerns about transparency and accountability in automated decision-making
processes arise.

 Corruption and Misuse of Technology: There is a risk that technological measures

can be misused for corrupt practices, necessitating stronger regulatory oversight
and mechanisms to detect and prevent fraud.

5. Impact of COVID-19

 Accelerated Digital Transformation: The COVID-19 pandemic has accelerated the

adoption of e-governance, highlighting the importance of digital solutions in crisis
management. However, it has also revealed existing gaps in infrastructure and
digital literacy that need to be addressed for long-term sustainability.

 Changing Citizen Expectations: The pandemic has shifted citizen expectations

toward more efficient and accessible digital services, requiring governments to
adapt rapidly to meet these demands.

LANDMARK JUDGEMENTS AND CASE LAWS:

Maneka Gandhi v. Union of India (1978) 1

The Supreme Court expanded the interpretation of Article 21, ruling that the right
to life includes the right to live with dignity and that any law restricting this right
must be just, fair, and reasonable.

Vishaka v. State of Rajasthan (1997) 2

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The Supreme Court laid down guidelines to prevent sexual harassment at the
workplace, filling a legislative vacuum and underscoring the judiciary's role in
protecting women's rights.

M.C. Mehta v. Union of India (1986) 3

The court recognized the right to a healthy environment as part of the right to
life, emphasizing the judiciary's role in environmental protection.

Navtej Singh Johar v. Union of India (2018) 4

The Supreme Court decriminalized homosexuality, affirming the rights of the

LGBTQ+ community and reflecting the dynamic interpretation of constitutional
rights.

K. Veeraswami v. Union of India (1991) 5

The court Established the requirement of prior sanction for the prosecution of
public servants under the Prevention of Corruption Act, reinforcing the
importance of due process.

P. V. Narasimha Rao v. State (CBI/Special Branch) (1998) 6

The Supreme Court ruled that parliamentary privilege does not protect public
servants from prosecution for corruption, emphasizing accountability in public
office.

Vishaka v. State of Rajasthan (1997) 7

In this case, the court Laid down guidelines to prevent sexual harassment at
workplaces, also addressing misuse of power and corruption in public institutions.

S.R. Bommai v. Union of India (1994) 8

The Supreme Court ruled on the misuse of Article 356, emphasizing the need for
accountability and checks on governmental power.

Central Bureau of Investigation v. Ashok Kumar (2000) 9

Affirmed the CBI’s authority to investigate corruption cases against public officials,
underscoring the importance of independent investigative bodies.

Common Cause (A Regd. Society) v. Union of India (2018) 10

Mandated transparency in political funding by requiring political parties to

disclose their funding sources, significant for electoral reforms.

Minerva Mills Ltd. v. Union of India (1980) 11

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Reaffirmed the Basic Structure Doctrine, protecting the Constitution's

fundamental features from legislative amendments, including those addressing
corruption.

K.S. Puttaswamy v. Union of India (2017) 12

Declared the right to privacy as a fundamental right, influencing data protection

laws and implications for anti-corruption measures.

L. Chandra Kumar v. Union of India (1997) 13

The court Reinforced the power of judicial review as part of the Constitution’s
basic structure, ensuring laws aimed at curbing corruption are constitutionally
valid.

K. K. Verma v. Union of India (1954) 14

In this case, the court Highlighted public officials' accountability to citizens,

emphasizing the need for legislative measures promoting transparency in
administration.

Rajendra Singh v. State of Madhya Pradesh (1996) 15

The Supreme Court emphasized the need for judicial vigilance against corruption,
reinforcing the judiciary’s role in upholding the rule of law.

State of Karnataka v. Union of India (1977) 16

In this case, the court addressed the powers of the central government in matters
concerning state administration, with implications for accountability in
governance.

Shayara Bano v. Union of India (2017) 17

The Supreme Court invalidated the practice of instant triple talaq, promoting
gender equality and reflecting on the need for legislative reforms in personal law.

Bhim Singh v. State of J&K (1985) 18

The court emphasized the right to a fair trial and the accountability of the police,
which indirectly relates to combating corruption within law enforcement
agencies.

L. S. S. Tiwari v. District Board, Agra (1964) 19

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In this case, the Supreme Court discussed the importance of fair procedures in
administrative actions, establishing principles that aid in curbing administrative
corruption.

Nirmal Singh v. State of Punjab (2015) 20

In this case, the Supreme Court dealt with the principles of the Prevention of
Corruption Act and the consequences of corruption in public services. The court
ruled that any act of corruption, even if it appears minor, undermines the integrity
of public administration. This judgment emphasized the need for strict
enforcement of anti-corruption laws and the importance of maintaining public
trust in government institutions.

CONCLUSION

Emerging trends in administrative law play a crucial role in the ongoing battle against
corruption in India. The evolution of legal frameworks, the establishment of regulatory
bodies, and the enactment of significant legislation reflect a concerted effort to enhance
transparency, accountability, and integrity in public administration.

The Right to Information (RTI) Act, for instance, has empowered citizens to seek
information from public authorities, thereby promoting transparency and reducing
opportunities for corrupt practices. This act has facilitated greater public scrutiny of
governmental actions, contributing to a culture of accountability.

Judicial activism has also emerged as a significant force in curbing corruption. Landmark
judgments, such as Navtej Singh Johar v. Union of India and M.C. Mehta v. Union of
India, have reinforced the importance of fundamental rights and the need for the state to
maintain integrity in governance. The courts have emphasized the need for transparency
and have set precedents that compel the executive to act within the bounds of the law.

The role of regulatory and investigative agencies has been pivotal in combating
corruption. Bodies such as the Central Bureau of Investigation (CBI) and the Enforcement
Directorate (ED) are now expected to operate with greater autonomy and efficiency,
ensuring that public servants are held accountable for their actions. Legislative reforms
aimed at enhancing the powers and responsibilities of these agencies reflect a growing
recognition of the need for robust mechanisms to investigate and prosecute corrupt
practices.

E-governance and technological measures have also emerged as critical tools in the fight
against corruption. By digitizing government services and enhancing online transparency,
these measures minimize human discretion, thereby reducing opportunities for corrupt
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practices. The integration of technology in public administration can lead to more

efficient service delivery and increased public trust.

However, challenges remain, including political corruption, the need for continuous
reforms, and the requirement for a proactive citizenry to engage with the democratic
processes. Addressing these challenges will require a multi-faceted approach, involving
cooperation between the government, judiciary, civil society, and the general public.

In conclusion, the emerging trends in administrative law to curb corruption represent a

significant shift towards more accountable governance in India. By fostering
transparency, enhancing regulatory mechanisms, and empowering citizens, these trends
pave the way for a more ethical and efficient public administration. The journey towards
eradicating corruption is ongoing, and sustained efforts will be necessary to uphold the
rule of law and ensure that public resources are utilized for the common good.

END NOTES:

1) Maneka Gandhi v. Union of India (1978) - AIR 1978 SC 597

2) Vishaka v. State of Rajasthan (1997) - AIR 1997 SC 3011
3) M.C. Mehta v. Union of India (1986) - AIR 1987 SC 1086
4) Navtej Singh Johar v. Union of India (2018) - AIR 2018 SC 4321
5) K. Veeraswami v. Union of India (1991) - AIR 1991 SC 1886
6) P. V. Narasimha Rao v. State (CBI/Special Branch) (1998) - AIR 1998 SC 2120
7) Vishaka v. State of Rajasthan (1997) - AIR 1997 SC 3011
8) S.R. Bommai v. Union of India (1994) - AIR 1994 SC 1918
9) Central Bureau of Investigation v. Ashok Kumar (2000) - AIR 2000 SC 1144
10) Common Cause (A Regd. Society) v. Union of India (2018) - AIR 2018 SC 3181
11) Minerva Mills Ltd. v. Union of India (1980)- AIR 1980 SC 1789
12) K.S. Puttaswamy v. Union of India (2017) - AIR 2017 SC 416
13) L. Chandra Kumar v. Union of India (1997) - AIR 1997 SC 1125
14) K. K. Verma v. Union of India (1954) - AIR 1954 SC 327
15) Rajendra Singh v. State of Madhya Pradesh (1996) - AIR 1996 SC 882
16) State of Karnataka v. Union of India (1977) - AIR 1978 SC 68
17) Shayara Bano v. Union of India (2017) - AIR 2017 SC 4609
18) Bhim Singh v. State of J&K (1985) - AIR 1986 SC 494
19) L. S. S. Tiwari v. District Board, Agra (1964) - AIR 1964 SC 168
20) Nirmal Singh v. State of Punjab (2015) - AIR 2015 SC 1913
21) I.P. Massey, Indian Administrative Law, Eastern Book Company, Lucknow, 9 th
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 Sandhya G, 3yr LL.B

22) C.K. Takwani, Administrative Law, Eastern Book Company, Lucknow, 8th Edition
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