accountability as a measure of administrative law

IN THE SUPREME COURT OF INDIA
CIVIL ORIGINAL JURISDICTION
WRIT PETITION (CIVIL) No. 990 of 2021
KISHAN CHAND JAIN ....PETITIONER(S)
VERSUS
UNION OF INDIA & ORS. ...RESPONDENT(S)
J U D G M E N T by
PAMIDIGHANTAM SRI NARASIMHA, J.
for 3 judge bench of   [Dr Dhananjaya Y Chandrachud] CJI and justices  [Pamidighantam Sri Narasimha] and [J.B. Pardiwala]
dated
August 17, 2023Recognizing the importance of
accountability as a measure of administrative law, this Court in Vijay Rajmohan
v. CBI,
3 held as follows:
34. Accountability in itself is an essential principle of
administrative law. Judicial review of administrative action will be
effective and meaningful by ensuring accountability of the officer
or authority in charge.
35. The principle of accountability is considered as a cornerstone
of the human rights framework. It is a crucial feature that must
govern the relationship between duty bearers in authority and
right holders affected by their actions. Accountability of
institutions is also one of the development goals adopted by the
United Nations in 2015 and is also recognized as one of the six
principles of the Citizens Charter Movement.
36. Accountability has three essential constituent dimensions :
(i) responsibility, (ii) answerability, and (iii) enforceability.
Responsibility requires the identification of duties and
performance obligations of individuals in authority and with
3 (2023) 1 SCC 329
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authorities. Answerability requires reasoned decision-making so
that those affected by their decisions, including the public, are
aware of the same. Enforceability requires appropriate corrective
and remedial action against lack of responsibility and
accountability to be taken. Accountability has a corrective
function, making it possible to address individual or collective
grievances. It enables action against officials or institutions for
dereliction of duty. It also has a preventive function that helps to
identify the procedure or policy which has become non-functional
and to improve upon it.