Applicability Of Public Law Vis A Vis Public Authority In The U.K. And Indian Context
- IJLLR Journal
- Dec 31, 2024
- 1 min read
Juhi, Symbiosis Law School, Noida
ABSTRACT
This study contains the application of public law on public authorities in the U.K. and India, which primarily examines the legal frameworks and accountability monitoring devices. Public law governs relations between the individual and the state, where any mismatches give birth to either a challenge in the courts or something that society refers to as corruption. This public authority gets usually tested through what is called the functional test in the U.K.
Under this approach, both private and government bodies fulfilling public functions are characteristic public authorities of the U.K. Approximately all public authorities and persons performing the function of a public and which are even not in the ambit of the conventional definition of a public body contribute to the substantive scope in this country. The Constitution of India offers broadly defined public authorities, which could also involve central, state, and local bodies, public sector undertakings, and regulatory institutions. The RTI Act of 2005 adds more to that than mere transparency.
The paper identifies similar challenges-common challenges of corruption, accountability, and human rights infringements in both countries-and provides avenues for cross-learning. It highlights differences in the systems of judicial review in the two countries: India's broader powers of judicial scrutiny vis-à-vis the parliamentary sovereignty in the U.K. Ultimately, this research will shed light on the strong and weaker sides and possible reforms to strengthen the public law systems in both countries for better governance with citizen participation.
