Public Ad (Lec 7) Administrative Accountability

ADMINISTRATIVE
ACCOUNTABILITY
PRESENTED BY: MISHAL AKRAM
DEFINITION
According to L.D White, “Administrative Accountability is the sum

total of constitutional, statutory, administrative and judicial rules and
precedents and established practices by means of which public officials
can be held accountable for their official actions.”
MEANING
 Vital feature of public administration.
 Executive is under the obligation to give satisfactory account of its

performance to the legislature.
 It’s a mechanism to keep the bureaucracy under close watch and

check.
 To safeguard the rights of individuals without hampering the normal

activities of the administrator.
TYPES OF ADMINISTRATION
 2 main systems of administrative control:
 Internal: Fitted into the administrative machinery and operates from within the
organization.
 External: Outside the administrative machinery but works within the

constitutional framework.
ADMINISTRATIVE CONTROL
Administrative
Control
Internal Control External Control
Legislative Executive
Judiciary Control Public Control
Control Control
Rule of Law
System
Administrative
Law System
INTERNAL CONTROL
1. Administrative Process
2. Hierarchical Order
3. Annual Confidential Reports or PER’s
4. Budgetary Control
5. Professional Ethics
6. Efficiency Survey/Inspection
7. Administrative Leadership
EXTERNAL CONTROL
1. Legislative Control:
 Major instrument of public accountability.
 Power to empower, limit, investigate and censure the executive branch.
 It enact laws.
 Determine the general outlines for administrative organizations.
 Numbers of tools at their disposal:
i. Questions
ii. Resolutions and Motions
iii. Debates and discussions
iv. Passing bills
v. Control of appropriations
vi. Audit and Report
vii. Committees of legislature
2. Executive Control
 Control exercised by the PM over the administration.
 Cabinet is responsible for the whole administration to Parliament.
 The cabinet review the working of all the departments.
 Several method of executive control:
i. Policy Making
ii. Budgetary System
iii. Recruitment System
iv. Staff agencies
v. Executive orders
3. Judicial Control:
 Power to keep the acts and decisions of administrative officials within the bound of
law.
 To protect citizens against unlawful trespass on their constitutional and other rights.
 Ensure or determine the legality of administrative acts of administrators.
 Two systems of legal remedies:
i. Rule of Law System
ii. Administrative Law system
i. RULE OF LAW SYSTEM
Habeas Corpus
Rule of Law System
Mandamus
Prohibition
Certiorari
Quo Warranto
a) Habeas Corpus
 Great writ.
 Determine whether the person seeking its benefit is legally detained or not.
 Can be directed to a private or public official.
 Proof of authority to be represented before the court – whether the custodian has
the authority to detain or not.
b) Mandamus
 Mandate or a command
 Requiring the performance of a particular duty which duly results from his job.
 Not granted if there is an alternative remedy.
c. Prohibition
 Order for not doing something which is not legally vested to them.
 Can only be issued against a public authority.
d. Certiorari
 To certify
 Writ issued by a superior court to an inferior court
 Orders a lower court to deliver its record in a particular case for review.
 Not granted if other alternative remedies exist.
e) Quo Warranto
a) Warrant or authority.
b) Requires the person to whom it is directed to show what authority they have for
exercising a particular right or power or office or franchise they claim to hold.
II. Administrative Law System
 Idea was introduced by Justice A. R. Cornelius.
 Article 212 of the constitution provides for setting up of

administrative tribunals and courts.
 E.g. Income tax ordinance 2001 lays the framework for the
constitution of income tax tribunal.
 Various tribunals and special courts exist in Pakistan.

 The nature of administrative law is concerned with safeguarding that
public decision-makers act within the law and are, on this basis,
accountable before the law, its development is due largely to a desire
on the part of the courts to restore the balance of power and to
safeguard the rights and interests of citizens.
 Administrative law is also concerned about ensuring there will be an

element of fairness operating in public decision making and
generally ensuring proper administration. This is not only for the
advantage of the individual citizen but it is for the advantage of
government also.
 Administrative law consists of complaints respecting government
action that adversely affects an individual.
 Thus, administrative law involves determining the legality of

government actions. There is a two-fold analysis: the legality of the
specific law itself and the legality of particular acts purportedly
authorized by the specific law.
Nature and Scope
 Administrative law determines the organization, powers and duties of
administrative authorities. The emphasis of Administrative Law is on procedures for
formal judgment based on the principles of Natural Justice and for rule making.
 Administrative law also determines the nature and scope of the powers deliberated
to the government official by the specific legislation. Through legislation, the
Parliament delegate specific powers as well as duties to government officials to
enable them to act on behalf of the government.
 The concept of Administrative Law is founded on the following principles:

 Power is conferred on the administration by law
 No power is absolute or uncontrolled howsoever broad the nature of the same might be.
 There should be reasonable restrictions on exercise of such powers depending on the
situation.
4. Public Control:
 Every government is responsible to the general public
 Public has the power of:
 Elections
 Recall
 Pressure Groups
 Advisory Committees
 Vigorous Public Opinion
Bureaucratic Responsiveness
 Responsiveness of public officials to popular sentiments depends on

several factors in the governmental process.
 Responsiveness also requires meaningful access to the right decision

makers and a legitimate opportunity to be heard.
 Citizens cannot easily attain bureaucratic responsiveness because of

restrictions on their expertise, time and access to decision makers.
 Access is a key step in the policy process and, without it,

responsiveness cannot be ensured.
Representative Bureaucracy
 According to Mosher, bureaucracy can be representative in two

ways.
 First, passive representation occurs when an organization includes

individuals from specified groups, such as racial or ethnic minorities
and women, within its ranks. Thus, a bureaucracy is passively
representative to the extent that it employs minorities and women in
numbers proportionate to their shares of the population, or at least
proportionate to those parts of the population with qualifications
requisite for employment.
 The second type is called active representation.
 It implies that bureaucrats will act, either consciously or

unconsciously, to see that the interests of individuals who share their
group identities are not overlooked when policy-relevant decisions
are made.
 Active representation occurs, it is theorized, because bureaucrats

share core attitudes, values, and beliefs with the social groups from
which they are drawn.
Citizens Engagement in Public Service
 Citizen involvement in public affairs is not new – over centuries and
throughout the world citizens have actively participated in the deliberation
of local issues, decision making within their communities and the selection
of their leaders.
 In the last couple of decades, we have witnessed a profusion of citizen

engagement initiatives, such as community development committees,
citizen satisfaction surveys, public consultations, participatory planning,
budget consultations and social audits.
 Using such initiatives, citizens seek solutions to specific problems in the

public sector by engaging1 constructively with public officials and the
political leadership.

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ADMINISTRATIVE

According to L.D White, “Administrative Accountability is the sum

 Vital feature of public administration.

 Executive is under the obligation to give satisfactory account of its

 It’s a mechanism to keep the bureaucracy under close watch and

 To safeguard the rights of individuals without hampering the normal

 External: Outside the administrative machinery but works within the

Internal Control External Control

3. Annual Confidential Reports or PER’s

 Article 212 of the constitution provides for setting up of

 Various tribunals and special courts exist in Pakistan.

 Administrative law is also concerned about ensuring there will be an

 Thus, administrative law involves determining the legality of

 The concept of Administrative Law is founded on the following principles:

 Responsiveness of public officials to popular sentiments depends on

 Responsiveness also requires meaningful access to the right decision

 Citizens cannot easily attain bureaucratic responsiveness because of

 Access is a key step in the policy process and, without it,

 According to Mosher, bureaucracy can be representative in two

 First, passive representation occurs when an organization includes

 It implies that bureaucrats will act, either consciously or

 Active representation occurs, it is theorized, because bureaucrats

 In the last couple of decades, we have witnessed a profusion of citizen

 Using such initiatives, citizens seek solutions to specific problems in the

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