Sabari K S, BALLB (Hons), School of Excellence in Law, TNDALU, Chennai
ABSTRACT
We are familiar with the terms red light, green light and amber light theories from the traffic lights that we come across while passing the roads. Have you ever wondered what would it be, if applied in an administration of the state? Let’s see it. From the administrative law perspective, red light signifies a judicial check on executive actions, just like how its counterpart stops the vehicle. Green light stands in favor of the political process and allows the state actions to be done freely. Now I think you got it. Yes! It is similar to the way green light allows the vehicle to move freely. Now obviously, amber light is in midway, neither too much control nor too much liberty for executive actions (and of course for vehicles too). Let’s focus on administrative law aspect. These theories came up to decide the method and extent that administration has to use in performing their functions. They form an indispensable part in the growth of administrative law. It is pertinent to note here that these theories form a salient part of the basics of administrative law. The objective of this analysis is to explore these theories from various aspects. The purpose of this analysis is to find out the desirable level of control over the executive authorities, for their best functioning. Further, the research undertakes an application-oriented approach. Red light school views public administration as a necessary evil. Whereas, the other considers it, a good element. Supremacy of law and the role of courts are also debated between theories. The evolution of the theories enlightens us about the origin and need for them. With the aim of getting deep insight into the theories, the analysis in a comprehensive manner, comprises of further significant information, experts’ viewpoints, landmark judgments, comparison and contrast. The study sheds light upon the issue of whether amber light theory is merely towards consensus or the best solution. Evaluating the theories helps in understanding its utility. The ultimate goal is the welfare of the citizens.
Keywords: Red light theory, green light theory, Amber light theory, Judicial control, political process, Traffic light theories, Theories of administrative law, rule of law, firefighting, fire watching, community rights, individual interest, welfare of citizens, supremacy of law, necessary evil, public administration, executive action, discretionary authority.
