UGC NET LAW (058) · UNIT 02 · MODULE 6: RECENT CASES, DOCTRINES, COMPARISONS AND STATUTES · TOPIC 23

Important Statutory Provisions (Administrative Law)

Five statutes in administrative law, each with its key provisions: tribunals, RTI, Lokpal, corruption and human rights.

  • 5 sub-topics
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  • Topic 23 of 25

What this topic covers

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  1. 23.1Administrative Tribunals Act, 1985Establishes Central Administrative Tribunal (CAT) and State Administrative Tribunals CAT has jurisdiction over recruitment and service conditions of Central government…
  2. 23.2Right to Information Act, 2005Implements Art. 19(1)(a) right to know (S.P. Gupta v. Union of India, 1982) Every citizen can request information from public authorities Central Information Commission…
  3. 23.3Lokpal and Lokayuktas Act, 2013Establishes Lokpal at Union level Jurisdiction: PM (restricted), Ministers, MPs, Group A/B/C/D officials, NGOs receiving government funds Selection: A 5-member committee…
  4. 23.4Prevention of Corruption Act, 1988 (Amended 2018)Key amendment: Bribe-giver is now equally culpable (not just bribe-taker) Prior sanction for prosecution of public servants required even after retirement Reflects Art. 51-A…
  5. 23.5Protection of Human Rights Act, 1993Establishes National Human Rights Commission (NHRC) and State Human Rights Commissions (SHRCs) Chairperson: Retired CJI (NHRC); retired HC Chief Justice (SHRC) Powers…

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23.1Administrative Tribunals Act, 1985#

In brief

Establishes Central Administrative Tribunal (CAT) and State Administrative Tribunals CAT has jurisdiction over recruitment and service conditions of Central government…

  • Establishes Central Administrative Tribunal (CAT) and State Administrative Tribunals

  • CAT has jurisdiction over recruitment and service conditions of Central government employees

  • CAT decisions are subject to HC writ jurisdiction (L. Chandra Kumar, 1997)

  • Chairperson must be a retired SC judge or HC Chief Justice

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23.2Right to Information Act, 2005#

In brief

Implements Art. 19(1)(a) right to know (S.P. Gupta v. Union of India, 1982) Every citizen can request information from public authorities Central Information Commission…

  • Implements Art. 19(1)(a) right to know (S.P. Gupta v. Union of India, 1982)

  • Every citizen can request information from public authorities

  • Central Information Commission (CIC) and State Information Commissions (SICs) adjudicate

  • Exemptions: sovereignty, security, cabinet papers, fiduciary relationships, personal information

  • RTI Amendment Act, 2019 — changed tenure and service conditions of CIC and SIC members (controversial)

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23.3Lokpal and Lokayuktas Act, 2013#

In brief

Establishes Lokpal at Union level Jurisdiction: PM (restricted), Ministers, MPs, Group A/B/C/D officials, NGOs receiving government funds Selection: A 5-member committee…

  • Establishes Lokpal at Union level

  • Jurisdiction: PM (restricted), Ministers, MPs, Group A/B/C/D officials, NGOs receiving government funds

  • Selection: A 5-member committee (PM, LS Speaker, LoP in LS, CJI or SC judge nominated by CJI, Eminent Jurist)

  • The CEC Act 2023 later changed ECI appointment but Lokpal committee structure remains separate

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23.4Prevention of Corruption Act, 1988 (Amended 2018)#

In brief

Key amendment: Bribe-giver is now equally culpable (not just bribe-taker) Prior sanction for prosecution of public servants required even after retirement Reflects Art. 51-A…

  • Key amendment: Bribe-giver is now equally culpable (not just bribe-taker)

  • Prior sanction for prosecution of public servants required even after retirement

  • Reflects Art. 51-A (j) — duty to strive towards excellence without corruption

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23.5Protection of Human Rights Act, 1993#

In brief

Establishes National Human Rights Commission (NHRC) and State Human Rights Commissions (SHRCs) Chairperson: Retired CJI (NHRC); retired HC Chief Justice (SHRC) Powers…

  • Establishes National Human Rights Commission (NHRC) and State Human Rights Commissions (SHRCs)

  • Chairperson: Retired CJI (NHRC); retired HC Chief Justice (SHRC)

  • Powers similar to civil court for inquiry; can recommend compensation

  • Cannot inquire into matters pending before NHRC or HC

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