Balco Employee’s Union V. Union of India
BALCO Employee’s Union v. Union of India – Significance in Administrative Law.
BALCO Employee’s Union v. Union of India – Significance in Administrative Law I. INTRODUCTION...........................................................................................02
II. A BRIEF DESCRIPTION OF THE FACTS ………………...................................03
III. A CRITICAL ANALYSIS OF THE DECISION……………................................05
IV. IMPLICATIONS THAT FOLLOWED THE JUDGMENT ……………................08
V. CONCLUSION.................................................................................................09
I. INTRODUCTION
Administrative decision making has been a subject of great discussion since long. The application of a mind, which is in not a strict sense judicial, the presence of arbitral preferences coupled with the fact of discretion allowed to the executive in decision making, more often than not, carries the impression of whims and caprices being involved while such decision has been taken. The question of why at all this is so, is to be answered not from a legal but from a humanitarian standpoint. Each human differs from other and when subjective satisfaction of a group of individuals is concerned, the executive wing of the state in the present case; it is bound to happen that one there will be a number of groups who do not agree with the decision so taken for they have their own criteria’s and yardsticks to measure the same.
Possibly, the same is the case with administrative decision making. When the Government is satisfied, based upon the material considered and issues involved, that a given decision is appropriate for a circumstances, it may equivocally be true that it may not satisfy each and every individual concerned with the similar set of issues and therefore there may arise a conflict. History is full of examples and is enriching day by day of the instances in which executive decisions have been challenged on grounds of they being arbitrary,
BALCO Employee’s Union v. Union of India – Significance in Administrative Law I. INTRODUCTION...........................................................................................02
II. A BRIEF DESCRIPTION OF THE FACTS ………………...................................03
III. A CRITICAL ANALYSIS OF THE DECISION……………................................05
IV. IMPLICATIONS THAT FOLLOWED THE JUDGMENT ……………................08
V. CONCLUSION.................................................................................................09
I. INTRODUCTION
Administrative decision making has been a subject of great discussion since long. The application of a mind, which is in not a strict sense judicial, the presence of arbitral preferences coupled with the fact of discretion allowed to the executive in decision making, more often than not, carries the impression of whims and caprices being involved while such decision has been taken. The question of why at all this is so, is to be answered not from a legal but from a humanitarian standpoint. Each human differs from other and when subjective satisfaction of a group of individuals is concerned, the executive wing of the state in the present case; it is bound to happen that one there will be a number of groups who do not agree with the decision so taken for they have their own criteria’s and yardsticks to measure the same.
Possibly, the same is the case with administrative decision making. When the Government is satisfied, based upon the material considered and issues involved, that a given decision is appropriate for a circumstances, it may equivocally be true that it may not satisfy each and every individual concerned with the similar set of issues and therefore there may arise a conflict. History is full of examples and is enriching day by day of the instances in which executive decisions have been challenged on grounds of they being arbitrary,
References: ARTICLES: 1. Devesh Kapur and Ravi Ramamurti, Privatization in India: The Imperatives and Consequences of Gradualism, (Center For Research On Economic Development And Policy Reform, 2003, Last visited on September 7th, 2011). 2. Presentation on Disinvestment, as presented by the Union of India at the OECD CONFERENCE on Privatisation, Employment and Employees, 10-11 OCTOBER 2002, Turkey, Last visited on September 7th, 2011). 3. Shankar Acharya, India’s Macroeconomic Management In The Nineties, (As Prepared For Indian Council For Research On International Economic Relations, 2001, < http://www.icrier.org/> Last visited on September 7th, 2011). 4. T.N. Srinivasan, Economic Reforms and Global Integration, (Policy Paper, as presented to Center for Research on Economic Development and Policy Reform, Stanford University, 2001). 5. V. Sridhar, Battle over Balco, (The Frontline, Volume 18 - Issue 06, Mar. 17 - 30, 2001, Last visited on September 7th, 2011). BOOKS: 1. Jain & Jain, Principles of Administrative Law, (Wadhwa & Co., Nagpur, 4th edition, 2003). 2. I. P. Messy, Principles of Adminstrative Law, (Eastern Book Company, Lucknow, 2003).