Administrative Accountability

The

classic debate between friedrich vs finns Fredrich emphasis mixture of all methods Friedrich calls for people to be responsible
Finns

called for external controls Marshall and Dimock had different views

 Traditional

public authority calls for public administration dichotomoy Public Management calls for market

New

type

New

Public Service is multifaced and demanding Emphasis on democarcy

 Ethics

vs law

There are three different types of ethical standards for the public

 1)

Regime values and public Ethics 2) Situational Ethics and 3)personal ethics

Situational

Ethics is different by profession The clash between society and profession Different countries have different values

Definition
The Oxford Dictionary defines it as ''liable to be called to account, responsible (to, for)

The two terms 'administrative accountability' and 'administrative responsibility' are very often used interchangeably.
Thus, L.D. While wrote, "Administrative responsibility consists of the sum total of the constitutional, statutory, administrative and judicial rules and precedents and the established practices by means of which public, officials may be held accountable for their official actions."

Administrative accountability is enforced by means of various controls. In other words, it involves devising control mechanisms to keep the administration under a close watch and in check. Lord Acton "Power corrupts and absolute power corrupts absolutely

Administrative control
Broadly speaking, there are two types of administrative control, namely, internal control and external control. The internal control operates from within the administrative machinery. It is fitted into the administrative machinery itself. It works automatically, spontaneously, and constantly with the movement of the machinery.

External control, on the other hand, operates from outside the administrative machinery. It is fitted outside the administrative machinery. It is laid down by the Constitution of a country. The techniques of internal control over administration are: (i) Budgetary system (ii) Personnel management (iii) Efficiency survey (iv) Professional standards (v) Administrative leadership (vi) Hierarchical order (vii) Enquiries and investigations (viii) Annual Confidential Report

The external control over administration is exercised by the following four agencies: (1) Legislature (ii) Executive (iii) Judiciary ' (iv) Citizen

Forms of Legislative Control

1 Funding 2 Investigating 3 Constituency service 4 Review of Secondary Legislature 5 Post Audit

Legislative Control
Law Making It is the primary function of the Parliament. The Parliament lays down the policies of the government by making (enacting) or changing or cancelling (repealing) the laws However, the control exercised by the Parliament through the law-making process is in broad and general terms. The Parliament makes laws in a skeleton form and authorizes the executive to make detailed rules and regulations within the framework of the parent law. This is known as delegated legislation or executive legislation or subordinate legislation.

1 Funding Democratic governments control funding through budgets thereby checking the movements of the executive
Law of triviality It means MPs focus on small parts of budget which are familiar and they allow large parts of the budgets to pass through without much hindrances IN USA the government could simply refuse to allocate the money for siting improper administration

Funding continued
Limitations- difficult to see every aspect and often cumbersome Often the aspects are contradicting, as companies administration is corrupt on the one hand while on the other hand the jobs of so many people. The importance of budget has increased to such an extent that it is no longer appropriate just to punish them.

Legislative Control
2 Investigation The most important method of accountability is using question method. In the American method, one of the most popular methods is to form a congressional committee The Ombdusman system is unique method where a wide range of powers is given to the head of ombudsman to fight committee. Wide range of countries have adopted the system

Legislature Ombudsman
Success may Depend on several factors such as the citizens cooperation with the institution

Legislative
3 Constituency Service A representative who is elected should help the citizen in bureaucracy hindrances The MP is expected to spend significant amount of time checking on the efficiency of bureaucracy in that area.

4 Review of Secondary Legislature. The MP is also responsible for reviewing of legislation that comes from the admisntration

Executive
1 Appointment and Dismissal: The executive can make the bureaucracy accountable by removing incapable people and appointing people Who are capable 2 Investigation- Executive can start investigation if it is asked by the legislature or it can do internal investigation. In certain matters the executive can form special committees to investigate In USA the Hoover commission is an example UK commission such as the Fulton and Plowden is an example

3 Reorganisation _ It is an important tool in which to change the structure of the government

It doesnt always depend on the executive to change the system It shall also set the course for he future activities

4 Fiscal Powers It is granting accountability by allocating the amount of funds. This is often controversial in nature Especially in parliamentary system it is nothing more than a rubber stamp

Normative Restraints
Develop guides and means in which the bureaucrats would work This has not been an effective method it varies on culture It depends on the public expectations on citizens

Judiciary
The Main difference between the western and non western Government is the presence of administrative courts alongside in Parallel of the regular courts The legal protections are available such as lawyer and tort

The system of judicial accountability moves in 3 levels 1)An action may be challenged because the stature or order on which it was based is claimed to violate the constitutions
2)The courts have the power to determine whether a given action or class of actions is within the law 3)The Courts may impose penalties who act outside the scope of law

Limitations of Judicial controls

Accountability for failure of act - It only relates to the failure of the act rather than the administrator
Infrequent intervention- The judicial administration is so large that the examining of small review of these administration would bring to a halt Inadequacy of remedies- There is insufficient remedies to take against small administrative intendancies Limited scope of review- Many of the administrative matters will not be revived by the court

Review of Technical matters-technical nature of administrative nature is unable to be comprehended by administrators

Limitations of methods
a)Professionals- Often the professional values would get in way of the conflict of the views of the organisation
b)Nationalised Industries- 1) They are not concerned about the profit 2) Difficulty in controlling the management after their direct political appointment c)Unions- Unions have brought great benefit to the society. But they also in certain polices they would come out to strike even if it is beneficial to the society

d) Political Structure- if the country has political structure as federalism it would hinder the work of accountability such as the local governments would exercise their power over the case e) Culture- A countries culture is very important in determing the accountability of the country. If the country is parochial in nature it would be difficult

f) Non administration- There are few policies that would prevent the bureaucracy form forcing to make decisions

Islamic Accountability
In Islam accountability is completely different from the western perspective
In Islam the accountability lies with purifying the character. If person is fearful of God, then he would be accountable Islam doesnt deny the separation of power. In ruling of death matters during the time of Umar there was a separation

"Two hungry wolves loose among sheep do not cause as much damage as that caused to a man's deen by his greed for money and reputation." Tirmidi One of the main difference western perspective is that it considered human beings as rational completely but in Islam human beings are rational but they have desires

Islam is the best way of making person accountable

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