What is the Meaning of the Term Consultation?
The term ‘consultation ‘implies meeting or conference of two or more persons or impact of two or more minds in respect of a topic in order to enable them to evolve a correct or at least satisfactory solution of a problem. It is a discussion between people before a decision is taken.
Therefore, consultation is a process which requires the meeting of minds between the people/parties to consultation on material facts to come to a right conclusion.
Consultation is one of the technique through which affected interest may participate in the real making process. It is a safeguard against misuse of legislative power by the executive authorities. Consultation postulate full and effective deliberation, exchange of mutual viewpoints, meeting of minds examination of relative merits of the other point of view. consultation is such a state that generate greater confidence of the persons who may be affected by an action that may be taken by the authority.
Types/kinds of Consultation
In England, before the making of subordinate legislation consultation is considered mandatory according to some eminent jurists there are are two types of consultation -
(1) Ordinary Consultation; and
(2) Extraordinary Consultation
Ordinary types of consultation – Ordinary Consultation can also be divided into two categories -
1) Individual objections and
2) Consultation with specified interests
So far individual objection is concerned generally consultation of this kind are by statutory provision for e.g factory laws. the proposed regulations are required to be published, objections are invited an opportunity of hearing is given to the affected person. In case of consultation with specified interests, the minister is required to consult specified interest before he makes the regulation. generally, these specified are statutory advisory bodies or local authorities. Extraordinary types of consultation –this consultation can be subdivided into two categories -
(1) Preparation by affected interests and
(2) Approval by the statutory body
In case of preparation by affected interests the power to draft regulation is delegated to the individual or group and minister has authority to confirm or approve it .for eg .under factory laws, Matter regarding cleanliness, ventilation, and general health is delegated to the occupier of the factory
In case of approval by the statutory body, the report or the draft of regulation is submitted to the Statutes body by the minister and the report of that body is laid before parliament. In India, there is no general statutory provision requiring consultation with the affected interests in the making of delegated legislation. but some statutes specifically provide for consultation which fall under the following heads –
1) Official consultation – The rulemaking power is delegated subject to the stipulation that it is to be exercised in consultation with named official authority or agency
2) Consultation with Statutory bodies – In certain statutes, the lawmaking power is conferred on the central government which can be exercised after consulting the boards concerned.
3) Consultation with advisory bodies - Under some statutes advisory bodies are constituted to assist the central government or other subordinate authorities in farming rule
4) Draft rules by affected interests – in some case power to frame rules is directly conferred on the affected interests ,eg u/s 61 of the Indian mines acts 1961 , the power is conferred on the owner of a mine to frame and submit to the inspector of mines a draft of bye-laws for the prevention of accident and for the safety convenience and discipline of those employed in the mine .ultimately the draft rules may be approved by the central government after hearing affected interests.
1. Difference/Distinction Between A Court and Tribunal
2. What is Administrative Law and utility of Administrative Law
3. Discuss the Role of Administrative Law in a Democratic State?
4. Characteristics of Administrative Tribunal (Administrative Law)
5. What is an Ombudsman? Origin, Characteristics and Need/Importance of Ombudsman