DU SOL BA 3rd Year Administration and Public Policy Notes Chapter 11 Citizen’s Policy and Administration

DU SOL BA 3rd Year Administration and Public Policy Notes Chapter 11 Citizen’s Policy and Administration

Question 1.
Discuss the relation between citizens and administration. What administrative measures have been taken to improve such relationship and reduce the grievances of the citizens ?
Auswer:
Relations Between Citizens And Administration:
1. Introduction:
In democratic countries the ultimate responsibility of the public servants is to the people. It has not to be confused with the responsibility towards each and every member of the public. While the public servant are responsible to the public will expressed through their elected representatives, it is not possible for them to be responsible to the whims and fancies of each individual member of the public. Public servants of course, have to be responsive to the individual complaints and problems of the citizens.

But, it is different from the formal system of responsibility and accountability to which the public servants are subjected to. This type of indirect responsibility to people is inherent in the nature of things. In very large countries it is impossible for a civil servant to be in touch with such a large number of people.

The responsibility and accountability of the public servants towards the people has, therefore, to be exercised through various forms of groups and associations which make the problem manageable. We will discuss some of these forms which the responsibility of public servants towards the citizens is enforces.

Since relationship between citizen and administration is a very significant aspect of the political -administrative processes, it tends to vary With the nature of these processes which in turn depends upon the type of political system. “It is proposed to concern ourselves here only with the citizen, vis a-vis government administration in democracies and developing democracies.

2. Political aspect of the Relationship:
It would be useful to first take up the environmental context of this relationship. The context has several aspects – political, social and judical. Politically, in a soundd democratic system, the representatives of the people constitute toe legislature which is to exercise scrutiny and vigilance with regard to the working of administration so as to ensure that it is in accordance with public interest as spelled out in public policies as well as the maintenance of individual and social obligations as mentioned in the Constitution and laws.

Then there is the directly or indirectly elected political executive to provide and exercise control in regard to the functioning of the administrative system. The quality of the role of the legislature and the political executive would not only depend upon suitability of institutional framework but would depend a great dear upon the quality of men in them.

3. Social Aspect:
This is where the social aspect comes in for it is the prevailing standards of citizenship as well as the political health of competing parties and the organized interest groups which influence, the choice of the men who man the legislature and political executive. As regards, the citizenry it would receive tine* attention if it becomes well integrated, enlightened and articulate.

4. Rule of Law and Independent Judiciary:
One of the distinguishing characteristics of a democratic political system is the rule of law with its concomitant independent judiciary. If there is equality-of the citizen under the constitution and laws and if there are courts of law free from cumbersome procedures, as well as from Socio-Political pressures a citizen can expect that the government of the day would be deterred or would at least hesitate to encroach upon his rights, or arbitrarily ignore his genuine interests.

5. Growing Dependence of Citizen on Administration:
Administration in most countries has been rapidly growing in size and complexity in recent years. This is due to the tremendous increase in its functions and authority, especially .in. developing countries, on account of its growing concern to the welfare and development of the people, besides the growth in the traditional functions, relating to law and order defence, tax collection, regulation and international affairs.

Today, the citizen depends upon the administration for the supply of more goods and services, directly or indirectly than even before. This grew mg dependence of .fee individual or his family upon a big impersonal and mere authoritative administration could result, on many occasions in tensions arid conflicts, leavcg the citizen frustrated mid even alienated at times.

6. Redressal of Citizens’ Grievances:
In order to mitigate against under growth of public discontent and grievances, it would be useful to undertake integrated measures for the reorganization, re-orientation as well as for the increasing sensitizing of the public administration. We can discuss these in four main parts :

  1. Administrative reforms and improvements,
  2. Administrative decentralization,
  3. Strengthening the role of advisory committees, and
  4. The channels for redressal of citizens grievances as and when they develop.

7. Administrative Reforms and Improvements:
The ‘ politico- administrative system today functions in the midst of change-growing population, increasing urbanization, advances in science and technology, greatest political competition, increasing articulation of the people about their wants and expectation’s. Sometimes these changes might result in crisis.

The administrative system has therefore to develop a capacity for coping with the changes, for subduing and controlling the crists as well as for harnessing the new knowledge for orderly and purposive development. Any, reform and improvement of administrative capability needs to be accompanied by improvement of administrative ethics, as there is a need for eliminating or at least minimizing favouritisms and corruption which tend to creep into the administrative system.

The reform and improvement of administrative system needs to have well defined objectives, a clear cat strategy of implementation and sustained fallow up measures. The government of a country would have to take a decision whether there is a need for comprehensive reform of the administrative system or whether only incremental improvement would be sufficient for the time being to meet the new needs.

There is also a need for formulation of progressive personnel policies in regard to recruitment, deployments, development and retention of right type of persons within the administrative system. Again, it is highly/desirable to promote vigorously good human relations to subdue the rigidities of hierarchical and compartmentalized relations.

The administrative culture need to be given an increasing democratic orientation, for not only achieving better productivity within the administrative system, but also for making the bureaucracy more humane in its dealing with the peop .

Moreover, the provision and proper functioning of a machinery of consultation between the higher levels of administrators representing the government on one side ,and the bulk of the employees on the other, could contribute towards the democratization of management employee relationship. This again would tend to improve the administrative psyche.

While it is true that efficient and humanized administration would tend to build a good image among the people and generate less alienation and grievances among them there is a need for positive understanding and constructive cooperation between die two, without encouraging any tendencies towards regimentation.

This could be made possible through an effective system of communication between the government administration and the people as Well as through the creation of opportunities for people’s association to, or participation in decision making and implementation within the administration while the former implies suitably organized effective public relations and administrative decentralization, the second involves both administrative decentralization and the establishment of advisory committees and boards.

The public relations units in an administrative organisation need to can on a content analysis of press reports and broadcasts about what the people’s views are about the governments policies and affairs. Then there are other devices such as public opinion polls which can be used by public relations units for co-ordinating the work of various units as well as for informing the government as a whole about the people and vice-versa.

8. Administrative Decentralization:
Traditional or colonial or authoritarian administrative system tends to be centralized.However, in democratic systems there is a varying degree of political decentralization. But political decentralization needs to be accompanied suitably by administrative decentralization, both in developed and developing democratic systems.

This co-ordinated decentralization would retrieve members of the Legislature and the chief political executive from spending too such valuable time on purely local issues. Administrative decentralization would relieve the higher bureaucracy of the time consuming local affairs and tasks, thus increasing administrative speed and effectiveness at the various levels of government.

Besides improving the efficiency of administration which would be appreciated by the citizen, political- administrative decentralization also affords larger opportunities for his participation in the government administration. Such opportunities can be in the form of their representation on local and regional authorities entrusted to increased authority and resources in the context of the trend towards decentralization.

The citizen would, thus, pave a better understanding of government policies and programmes. Moreover, such participation would induct more realism in the central government’s policies and programmes, as a fuller account is likely to be taken of focal knowledge and interests Furthermore methods of implementation of these policies and programmes would tend to be more appropriate and elastic when citizen’s participation is also likely to lend substance and depth of durability to the impact of government programmes’ as well as improving local initiative and developing leadership within a locality or a community of people.

Administrative decentralization would also bring the administration and citizen closer to each other. It is for this reason that so much emphasis is being put currently on reviving the Panchayati Raj system through & proposed constitutional amendment.

But premature or excessive decentralization can also be harmful and wasteful, this may result in corruption favouritism, decline in administrative efficiency and waste of resources. It may also generate or strengthen parochial loyalties which can pose a threat to national integrity and processes of national development, h is, therefore, essential that forms and extent of decentralization must be adapted to the historical heritage, the needs of contemporary times and general competence of the people.

9. Advisory Committees and Boards:
One of the increasingly conspicuous features of government administration in recent years is the growth in number and importance of advisory committee. These bodies have been set up to give- advise to the government either under the Constitution or law or executive decisions. There are several reasons for establishing advisory committees at different levels of administration.

One of the very important reasons is to provide an opportunity to the citizens and their organized groups to inform the government and to influence their decisions and actions, so as to make the them more realistic and relevant to the people and groups to be affected.

Not only considerations of democracy but the need for development administration of function more effectively and purposively by associating people to policy formulation and implementation from the national level to the local level, points to the importance of the role of advisory committees suitably chosen on the basis of representativeness in tome cases, expertise in some other cases and on both these bases in other cases.

Democratic government is primarily based upon territorial representation of people. There is substance in the view expressed that any geographical system of representation is not adequately representative nor are its decisions always relevant to the functional groups affected by them.

It has therefore, been advocated that territorial representation should be reinforced by functional representation. The establishment of a rationally organised system of advisory committees can provide the latter type of representation to a large extent. Such committees would keep the government appraised of the peoples expectations, apprehensions and resistance.

The government gets an opportunity to test the soundness of its policies and actions. The feeling of alienation among the people gets reduced, their view points and complaints get another opportunity or articulation and their feeling of participation gets strengthened.

There are, however, some safeguards to be taken to ensure that advisory committees function in a normal manner. They should not pose a threat to the impartiality of any administrative agencies. They should not arrogate to themselves administrative powers in regard to those agencies, which would result in confusion as well as delusion of administrative responsibility.

They should not become powerful lobbies for seeking government patronage or in the distribution of such patronage. They should not becomes rivals to the authority prestige of the Legislature by diverting the attention of administrative agencies mostly to their own decisions. Their relevance should be reviewed periodically so that those committees which have outline their utility could be weeded out to prevent a tendency towards their mushroom growth.

There is a need for Saying down guidelines about these committees in regard to their appointments, objectives, structure, relationship in administrative agencies, duration and relevant co-ordination among each cluster of interrelated committees. A rational system of advisory committees can go a long way to give a sense of participation to citizens and their organised groups as well as induct realism in political and administrative decisions as well as actions thereby strengthening the understanding and goodwill between the administrators and the people.

10. Redress of Grievances:
While it is true that is less likehood of administrative grievances growing among the citizens when there is an effective Legislative scrutiny well established ministerial responsibility strong system of rule of law and a responsive and participatory administration, it .must also be admitted that all these conditions to a requisite extent and intensity are not easily found in a country. Therefore, individual grievances do keep coming up.

For meeting this situation of multiplying individual grievances among . the citizens, governments in several countries have strengthened and in some cases elaborated arrangements as a part of the administrative system. Procedure for appeal against an administrative decision or action to higher officers or ministers have been improved and clarified in some countries.

In some countries specific-officers have been designated as grievance, redress or complaints officers with whom a citizen may lodge complaints or representations when he does not get any reply from an administrative organisation or is altogether dissatisfied with it.

In some countries besides improving the normal administrative arrangements for dealing with citizen’s complaints and grievances, a system of judical courts has been set up. These courts are easily accessible to citizens without much expense of legal formalities, have developed an appropriate administrative jurisprudence and have adopted speedier procedures than the ordinary courts of law.

Appeals to the administrative courts in France, for instance may result either in quashing an administrative decision, or provision of financial compensation for die damage sustained by illegal or arbitrary action. These courts cannot, however, take any initiative in conducting any investigation against the administration or in initiating any proceedings against it.

Another very important insulation for redressal of public grievances is that of the Ombudsman. It is also currently in focus in India. We shall, therefore, take a more detailed look at it.

11. Conclusion.
The relations between the citizen and administration are getting to be increasingly complex. They are conditional broadly by the ideology of the political system, the nature of governmental framework and the type of the socio-economic environment.

Their substance is determined by the nature and quality of the administrative system, the effectiveness of communication between this system and the various social layers and groups of citizens, as well as by the standards of citizenship. In spite of the adoption of several administrative measures to improve the relations between the two grievances among the citizens are bound to arise in most countries.

In order to minimise, accumulation of such grievances and to prevent them from getting transformed into resentments and hostilities against administrative institution, it has been found essential to set up agencies for their speedy redressal.

Some of these are administrative devices such as vigilance commissions, complaints officers or committees and administrative courts. An important Legislative device is the institution of Ombudsman, but it can flourish only if die socio-political ground can be suitably prepared for it.

In short, every effort need to be redress grievances which may still arise in this highly complicated world. At the same time effective ways and mean need to be adopted to be made for taking requisite step to ensure smooth and meaningful relations between the citizens and administration, but at suitable time.

Question 2.
Discuss die concept of accountability and control in Public Administration. How is the accountability of public servant enforced?
Answer:
Concept Of Accountability And Control In Public Administration:
1. development of the concept:
more or less self-sufficient local communities were the order of the day. They looked after most of their economic and social functions. They were not concerned with the working of the government in a very intimate way. The welfare state on the other hand is now actively involved in looking after the welfare its people.

The advanced technology has made it impossible for small local communities to remain self-sufficient and self-supporting. Specialization is the order of the day and the government is called upon to provide a number of basic amenities and infrastructure facilities for the economic development of the people.

The government has to undertake more and more’ regulation of economic, social and political activity. Most of the governments have also undertaken the task of planned development of their economics. For that purpose they have to provide the infrastructure facilities like communication, transport, electricity, etc.

according to the goats of their development plan. Only with the help of this infrastructure the private enterprise can undertake the industrial development of the country. In spite of this encouragement there are many areas in which the private enterprise is not forthcoming. The Welfare Government has, therefore, to indulge in direct economic activity also.

They are required to set up a large number of public undertakings to take care of the heavy investment sector in which the private enterprise is shy to come. In the fully planned economies like the Soviet Union and COMEOON countries the roie of the government is much more pronounced.

All their social, economic and political activities are to be controlled by the party through the institution of the State. The interaction of the government with the people in these countries is very intimate. These trends have a direct influence on the life of the people and materially affect their rights and duties as human beings and as citizens of the State.

Due to ever increasing role of the government a large bureaucracy has come up to perform the various functions the government has taken upon itself. For this performance of their duties the public servants have to be given correspondence responsibilities and necessary powers. The public servants are supposed to exercise their powers only for the performance of their duties for providing necessary services to the people.

Any individual or a group of individuals with such vast powers is likely to misuse them. The concept of administrative responsibility has evolved to create a sense of duty in the public servants so that they do not misuse their enormous powers. They are supposed to respect the rights of the citizens and provide them the facilities and services they are entitled to without deriving any individual benefit out of it. The sense of administrative responsibility in the public servant is supposed to take care of this aspect.

2. Accountability and Administrative Responsibility:
The terms ‘administrative responsibility’ and ‘accountability’ are very often used interchangeably. Prof. Pfiffner, however, distinguishes between responsibility and accountability.

Responsibility is a highly personal moral quality not related to the position or status of a person. In respect of government functioning it means the officers are responsible to the public will. Accountability, on the other hand denoted specific methods and procedures to enforce the responsibility of the public servant. The responsibility work from within while the accountability is an objective function and works from without.

In a Constitutional Democratic Government the administrative responsibility can not be allowed to depend only on the personal sense of duty and responsibility of individual public servants. It has to be provided formal and legal basis. This formal legal conventional and procedural basis of enforcing responsibility Can be termed as accountability.

3. Accountability and Control:
The accountability of public servant is enforced through a system of controls which are defined by a formal system of laws, regulations and conventions. In the discharge of their duties, the civil servants are accountable to various.agencies which exercises varying degree of control over them.

4. Types of Control:
Broadly speaking there are-two types of control which are imposed on public servants in discharge of their functions, viz.,. (0 Internal control (H) External control. A brief description of both these kinds of control s as follows :

5. Internal Control:
This type of control is provided within the executive machinery. In fact, it is a part of the administrative system which regulates the activities of the public servants. It is exercised through systems of recruitment, promotion, discipline, punishment, etc.

6. External Control:
Apart from these internal controls the civil servant is also subject to the control of some outside agencies. This type of control can be exercised by the following :

  1. the legislature;
  2. the people;
  3. the professional bodies;
  4. the courts.

The responsibility towards people is also enforced by the citizens by organizing themselves into various kinds of groups. In some countries like USA these pressure groups exert a lot of influence on the government policies. The effectiveness of these groups, however, depends upon the political and social climate prevailing in different countries.

7. Responsibility of Professional Bodies:
It is well known that there are various professional bodies which enforce control over the members of their profession. As regards the performance of their professional duties, for example, the doctors and lawyers etc. have very powerful professional bodies like Medical Council and Law Council which enforce very strict standards of performance on the members of their profession.

If they are guilty of any professional misconduct they may even be disqualified from their practising profession. Many of the public servants are also members of such professional bodies and are responsible to the people through them.

Besides, the public servants are supposed to have their own professional ethics by virtue of which they are supposed to serve the people without deriving any undue personal advantage. This professional ethics is not , enforced by a professional body with the same degree of formal sanction as the medical or legal professions. However, a system of rules and regulat: ns and procedures has been developed within the executive to take care of some of these functions.

8. Judicial Control:
The public servants are also subject to the judicial control exercised by the courts. The citizens who are aggrieved by the arbitrary actions of public servants can enforce their rights through the courts. The nature of rights that can be enforced and the manner of enforcing them depends upon the administrate and legal system prevailing in the
country. Some of the instruments of judicial review of administrative acts are suits against the government by citizens in torts, in contact and statutory appeals against administrative act. In addition there are some extra-ordinary remedies in nature of write such as :

  1. Habeas corpus;
  2. Mandamus;
  3. Injunction;
  4. Gertiorari;
  5. Prohibition;
  6. Quo-warranto.

These remedies are meant to provide relief to the citizens against the arbitrary decisions of the public servants. They also determine the liability of the government or individual civil servants for their acts of omission and commission.

9. Conclusion:
The extent of responsibility of administration to one or the other of the agencies mentioned above depends upon the legal and political system prevailing in the country. For example, in UK the executive is folly responsible to Parliament while in USA the extent of responsibility is not to the same extent.

The direct control of people over administration is much more for reaching in Switzerland than in other democracies. In Communist countries like Russia the responsibility of the public servant is mainly to the Communist Party. Thus, there are variations in the system of responsibility and accountability that have developed in different, countries.

The cardinal questions about the enforcement of any system of accountability or control is the extent of control that should be exercised, If there is no control or if there is insufficient control the public servants tend to be unresponsive to the needs of the citizens. They tend to behave in an officious manner and become callous in their attitude towards the people. On the other hand if the control is’ excessive the public servants lose their initiative and drive.

They avoid taking even the minimum risks which are required to be taken for effective performance of their duties. The challenge before an effective government is to devise a system of control which keeps the civil servants responsible to the people as well as maintain their sense of pride and initiative in work.

Question 3.
Discuss the concept of legislative control over the Public Administration. In what way, Parliament exercises control over the Public Administration?
Or
What are the means of Parliamentary control over the Public Administration?
Answer:
Means Of Parliamentary Control:
There are several ways in which Parliament exercises control over public administration. Some of the important means of control are described in brief below :

(i) Control of Administrative Policy:
The Parliament lays down the general policy by enacting the necessary Legislation. Since the Parliamentary Government is run by the rule of the law, Legislative process provides a very important instrument to the Parliament to influence the government policies. Even where the Parliament delegates the responsibility to make rules and regulations etc. it retains control by asking the executive to place these rules, regulations etc, on the floor of the House.

(ii) Control of Appropriations:
The most effective control exercised by the Parliament over the executive is through its control over the pursued strings. No revenue can be raised, nor any expenditure incurred by the executive without the sanction of the Parliament. Obviously one who pays the piper called the tune.

It is often argued that the control of the Parliament over the financial administration is more nominal than real. Requests for grant cannot be revised because they are presented by executive which represents the majority in the Parliament. However, it must be realised that the power of modifying the budget proposals of the government may not, be exercised but the very fact that the Parliament has this power gives it a great deal of authority over the executive.

Even if the budget proposals of the government are not normally modified by the Parliament the budgetary process gives the members a number of opportunities to discuss the policy of the government. During the general discussion on the budget the members can criticise the general policy of the government and.

can suggest alternatives. During discussion over the grants of different departments, the Parliament can examine in detail the working of particular departments and make suggestions about improving their working. Similarly, opportunities are also provided by discussions on the Appropriation Bill and the Finance Bill.

(iii) Audit and Report:
The accounts of the government are maintained and audited by the CAG of India on behalf of the Parliament. The CAG of India presents its audit and report to the President who passes it on to the Legislature. The PAC of the Legislature examines this report and reports back to the Parliament with its comments. Discussions on the report of the PAG provide the Parliament an opportunity to pin-point comments on the working of the government These discussions often result in suggestions for the improvement of the working of the executive. This type of control exercised by the Parliament is Often said to be in the nature of postmortem examination. But it also- gives an opportunity to improve die future performance in the light of the past mistakes.

(iv) Interpellations Parliamentary Questions:
The first hour of business in the Parliament is the question hour every day. During this period the members, of Parliament are free to ask any questions from die government and die concerned Ministers have to answer them. Usually, a notice of one week is given to the Minister to answer die questions but at times short notice questions are also allowed. This device has been found very effective in keeping die MVsters and die civil servants on their toes. While the minister actually answers the question, the civil savants lave first to prepare the answers and get them approved by the Minister. The advantage of this device are :
(a) It keeps the Ministers and the Public Savants’ alert to the public opinion.

(b) It is an ingenious device to keep the experts responsive to a body of laymen. It provide -safeguards for die right and liberties of the citizens. In fact, it has been argued by the some that the device of interpellations in the Parliament is equivalent in effectiveness to that of trial by jury or habeas corpus.

(c) It informs the Minister about the happenings in the remote comers of the country. Since the machinery of the government is spread over large areas, it is not possible for the minister to know each and everything happening at every place. However, when anything goes wrong the concerned member representing that area may come to know of it because of his local connections and bring it to the notice of the minister in the form of a question. It enables the minister conduct enquires and lake necessary corrective action.

(d) It enables the government to feel the pulse of the people i.e , to know their reactions about the policies and programmes of the k government. The unpopular reaction of the people may be reflected through angr protests in the form of question by their
representatives.

(e) It maintains the control of the government by the people through their representatives. The members are able to ventilate the grievances of the people in the Parliament.

The disadvantages of the system of inter-pellation/Parliamentary questions are :
(a) A lot of time of the government servants and public money is t wasted in collecting the replies of the Parliamentary questions. Many of these do not result in any substantial improvement in the administrative system.

(b) Sometimes very useless questions are raised by the members on behalf of some interested persons. It wastes the time of the Parliament as well as of the government.

(c) The device may also be carried too far to curb the initiative of the government servants. They may think twice before taking a division. They will always have to keep an eye on the possible reactions in the Parliamentary forum about their judgment.

However, in spite of the disadvantages, the system has really proved to be very helpful in keeping a check on foe Executive by foe Legislature. The very idea that foe government is required to answer a battery of questions every day before foe representatives of foe people, keeps foe administrators alert.

(v) Zero Hour Discussion:
This is an Indian innovation in foe field of Parliamentary practice. It has emerged since 1962 as a powerful tool ot control over foe executive, although it is not a formally prescribed device available to foe Members of the. Parliament It is an extra – regular method and is invoked by foe members in the House immediately drier the question hour but before the regular business of the day is taken up. That is why it is called the zero hour. During this period the members of Parliament raise, subject to foe permission of the presiding officer, the matters of public importance which have not been listed in the day’s business. The half hour discussions have become very popular, specially because the norma! business sometimes does not provide adequate opportunity for raising questions of immediate importance.

(vi) Calling Attention Motion:
Sometimes the members bring to the notice of the House some very1 urgent matters through the device of calling attention motion. The Minister is usually given a short notice to prepare himself to ready to the calling attention motion raised by the members. This also keeps the minister and the civil servants.on their toes as matters of immediate concern can be raised in the House, The administration is kept, constantly under review and the inertness and callousness, on the part of administration are controlled. Sometimes’ ever the most trivial looking matters- have given rise to. the unearthing of big scandals.

(vii) Short Notice Discussion:
Sometimes the members are not satisfied with the answers to the questions pr any information given by the ministers on any particular subject of grave importance and urgency. The Speaker may permit short discussions on such matters with the agreement of the government. These discussions are not more than 2l/z hours duration. There is no voting on the discussion but the government has to make a reply.

(viii) Adjournment Motion:
The device of adjournment motion is a tool of day-to-day control and may be utilised for raising a discussion in the House of any specific question of an urgent matter of public importance. If allowed-‘by the presiding officer; it results in die suspension of all other business of the House and immediate discussion on the subject. However, this device ot adjournment motion is usually permitted by the speakers.

(ix) Debates and Discussions. Besides the control measures mentioned above, there are innumerable opportunities for the members to discuss and debate on matters of public importance. Some of these occasions are ‘inangural speech of the President’, the budget speech of the Finance Minister, the general discussion on the budget, full scale discussions on government policies etc.

(x) Committee Parliament:
(a) We have already discussed above the role of the PAC in exercising control the financial administration of the country. Besides, there is an Estimates Committee of the Parliament which examines the estimates of the departments before they are included in the budget. The Committee also suggests measures of economy and efficiency in the government which have a great bearing on the tone of administration. The discussions on the report of the Committee gives the members an occasion to discuss and criticise the working of the Government Department which have been studied by the Committee.

(b) There is a Committee on Assurances:
This Committee functions under the control of the Speaker. It often happens that the ministers give assurances and make promise in the Parliament during various discussions. Earlier there was no follow-up on these promises and assurances until a member himself sought to follow them up. The Parliamentary Committee on Assurances row obtaines a report of compliance from the concerned Ministers and Departments. After examining them the Committee submits its periodical reports to the Parliament.

This gives the members of Parlisnes- an opportunity to have a look at the report ad thereby to exercise control over the fulfilment of the promises make by the ministers to the Parliament The Committee has accordingly strengthened the Parliament’s control over fee administration. Ministers cafi no longer afford to make false statements and exaggerate the promises. The ’administration is also spurred on to action since they know that the matter will come up again before the Parliamentary Committee on Assurances.

(c) Committee on Subordinate Legislation:
While making laws the Parliament leaves a number of matters to the executive for. making rules, regulations etc. These rules, regulations should be in conformity with the general scheme of laws indicated by the Parliament.

To ensure that this is so, the Committee on Subordinate Legislation examines these rules, regulations etc., and presents its report to Parliament. This gives the Parliament enough control to ensure that the powers of the delegated Legislation are not misused by the government.

There are some other committees like Petitions Committee etc. which help the Parliament in exercising control over administration. The advantages of the Committee are : –
(i) The Committees develop some sort of an expertise over a period of time in the matters with which they are concerned; and ‘
(ii) They tend togather a lot of data by hearing experts from different fields.

Conclusion:
Appleby has analysed Indian Parliament’s role in controlling Indian administration. He says that the Indian Parliament has been very successful in discussing general policy issues. They have, however, not been very effective in exercising proper control over administration. He has listed the following problems :

(i) Members of Parliament give too much importance to the report of the CAG of India. According to Appleby CAG’s report is based on the examination of technical financial irregularities and is not of much significance. Of course, this view is open to question. Most of the people think that CAG’s report is a valuable document and a very good instrument for the Parliament to exercise control over administration.

(ii) Appleby felt that Indian Parliament was very much influenced by the rich businessmen. Their control on administration was, therefore, not impartial.

(iii) The excessive control exercised by the Parliament curbs the initiative of the civil servants. They, therefore, become timid and do not take bold actions.

(iv) The members of Parliament constantly feel that the civil servants are out to undermine their authority and are not responsive to the public. This is reflected in most of their discussions and actions. It does not inculcate healthy habits in the civil servants.

(v) Ministries feel that the Parliament is in a strong and privileged msition. By free and frank discussions and debates they can exercise healthy nfluence on the administration. However, it they abuse their position and tend to exercise tight control it may curb the initiative of the civil servants.

Question 4.
Write short note on : “Legislative Control in Presidential System”.
Answer:
Legislative Control In Presidential System:
Under this system there is a greater separation of powers between the ‘ Executive and the Legislature. The executive does not sit in the Parliament nor is it answerable, to it. Very often the executive does not have even the device majority in the House. In such a situation the usual device available in the Parliamentary form of government, namely, questions* discussions; no confidence motion, etc, are not available in the Presidential system. However, the Congress has other methods are given below :

    • Statutory definition of the organisation, powers, and duties of the ‘ administrative authorities the US Congress very often creates organisations like Independent Regulatory Commissions which are directly , answerable to it under specific statutes.
  • Investigations for Administrative Control. The Congress appoints a number of Committees to investigate various matters of importance pertaining to the actions of the executive. These Congressional Committees go into the working of the departments and are often dreaded by them.
  • Legislation Laying down Policies, Methods and Procedures. In Presidential system the Legislation is meant to exercise more control than , in Parliamentary system.
  • Budgetary Process. The Congress controls the receipts through taxation and expenditure through Appropriation Acts. It also fixes the purpose .and amounts of expenditure, ceilings on various items aiid examination of accounts, and audits.
  • Equivalent of no Confidence Motion. The equivalent of no confidence motion is impeachment. The, Congress can remove the Chief Executive i.e., President through the process of impeachment, which is a much more difficult process than the no confidence motion available in the Parliamentary system.
  • Direction of administration by elected representatives as under the Commission plan of city government.

Limitations of Legislative Control:
Some of the limitations of legislative control are discussed below :
(i) In the formulation of policies, executive plays a decisive role. The bills are initiated by the. government. In feet, there are few’ private bills presented in the House and still fewef which are accepted. The Legislative leadership usually is, in fact, with the executive.

(ii) The work of the government’ has increased in Volume and complexity’. The Legislature do not have the necessary time and expertise to exercise control over the executives.

(iii) Even the financial control through budget is not very effective because:
(a) Not understanding the technicalities the members are reluctant to criticise the demand for grants;
(b) The Parliament cannot raise tax without an executive’s proposals. Of course, it can reduce or reject the tax, but a can be proposed or increased only when it is initiated by the executive.
(c) Due to party system the political parties -keep engaging in parochial and partisan affairs. They spend too much time on that. They have hardly, any time to exercise control over bureaucracy. Their control over the policy is also tenuous.

Conclusions:
The most important question about the control of the Legislator s over the executive is the extent to which such control should be exercised. To a certain is absolutely essential that the public servants should – be under some kind of popular control. They would otherwise tend to be callous and insensitive towards aspirations of the people. The Legislators representing the people have, therefore,’a legitimate light and duty to exercise the correct amount of control over executives. However, if it is taken to the other extreme and the Parliament tend to exercise control over the administrative details, the initiative of the executive will be hampered. It is, therefore, better to have a balanced approach- in which the popular control is exercised consistent with necessary to maintain the initiative and drive of the executive.

Question 5.
Discuss the nature and types of-executive control over the Public Administration.
Or
“Executive control is a sort of self – regulating device which controls the, movement of administrative machinery”. Comment.
Answer:
Executivs Control is an internal control over the civil servants * provided within the machinery of the executive government, this type of control works automatically and spontaneously with the movement of government machinery. It is a sort of self-regulating device which controls the movement- of machinery of which it is a part. Administrative structure is hierarchical in. nature. One level controls the other and none is outside the chain of command, The fear of reprimand,-demolition, dismissal, losing favour of the superiors etc. are all there to keep the machinery moving.There are positive the incentive for the civil servants to play their part in the movement of government, machinery.

Types Of Executive Control:
The executive control is exercised in many ways. Most of them are formal controls sanctioned by the laws of tne country but some of them may also be informal depending upon the good sense of the public servants.
Some of these controls are mentioned below :

  1. Political control; , .
  2. Budgetary control;
  3. Personal management control;
  4. Direct control by inspection etc.
  5. O and M;
  6. Administrative Ethics;
  7. Leadership.

We describe below in brief some of the essential devices of the various systems of controls mentioned above.
1. Political Control:
Ministerial responsibility is the cardinal principle of Parliamentary democracy; The political control over public servants is exercised by the political executive which derives its authority from Parliament. In Presidential form of government this authority is derived by the Chief Executive by virtue of his direct election by the people.

In Parliamentary from the Cabinet is collectively responsible for giving policy directions to the public servants who are supposed to carry them out in letter and spirit.The political executive to provide necessary policy direction to the administration and has also to exercise^ control over its activities. This control is exercised through various devices like getting information, analysing the progress report, etc,

2. Budgetary Control:
The budget provide the necessary finance to carry out various functions of the government. The activities of the government servants may, therefore, be controlled by controlling the extent of finances made available to them through the budget. It the budgetary system is effective, no official can escape its control. The budgetary control is exercised at the Apex by the Finance Ministry but throughout a system of hierarchy of financial powers, this control permeates throughout the government organisation.

The other parts of this control are the expenditure reports sent by the operating units, ne internal audit conducted by the Department and the Central audit conducted by the GAG. The financial performance of the public servant can Thus be watched and controlled by the budgetary processes of preparation ,and execution of the budget.

The Degree And Type Of Control:
The budgetary control like any other system of control is liable to abuse by being applied to an excessive degree. Appleby that India has a faulty system of budgetary control. ‘Expenditure control is exercised to an oppressive degree. It averts the budgetary system to a fault Fin-Trig . inquisition. He also felt that the faulty project preparation an I execution is supposed to be covered by ‘excessive financial control. The expenditure projections in the budgetary are not bossd on the proper projei’ preparations.

The cost escalations are also taken into account. The expenditure, therefore, cannot be kept according to the budget provisions. The situation is then sought to be remedied through a direct control over expenditure. The result . is that the project is not completed in time as the necessary expenditure was not originally , estimated and therefore, not officially sanctioned in time. The delays increase cost.

All this points to the danger of a tight financial control ultimately leading to a loose financial control. Appleby’s prescription was that realistic projects be prepared based on the proper financial and . ‘ .. administrative implications. Adequate provisions should be made in the budget to meet then minimum expenditure required for the execution of the project. Administrative machinery should be provided with the necessary guidance and technical exporase so that the projects can be completed on time. Only in such. situations the financial control can be an effective instrument of’internal control over public administration.

1. Control Through Personnel Management:
The basic feature of the administrative organisation in government is its hierarchic structure. Bach level of the administration controls the subordinate level and is controlled by a superior level. The entire chain of command is ultimately controlled by the people through their elected representatives who provide the membership of the Cabinet.

In this hierarchical structure the Chief Executive has a centralized personnel office. This office controls the methods of recruitment,’ salaries, promotions, conditions of service, etc It brings infinity in personnel matters throughout the administrative organisation of the government. This has many advantages in preparation of projects, preparation of estimates, etc.

2. Positive Controls:
The system of giving rewards like salary rise, promotion, etc. is a-very powerful instrument of control jn the hands of the executive.. The administrative personnel in the organisation are able to observe as to what is rewarded by the organisation. They tend to model their behaviour accordingly.

3. Negative Controls:
Negatively speaking a parallel incentive system for inducing the desired behaviour is .provided by the punishment system of the organisation. The public servants can observe the behaviour which brings reprimand, censure, removal or dismissal from service. These examples * persuade the public servants in avoiding undesirable behaviour and improving their performance on desirable lines.

Direct Control:
1. Tours. These are some methods in the executive government which provide for a direct supervision and control over the activities of the public servants. One.each method is the system of tours by senior public servants to observe the field work done by the subordinates. The senior officers visit the field areas interact with the public servants working in that areas as well as the beneficiaries of their programmes and come to the conclusion about efficiency or inefficiency of the performance of their programmes.

This gives them first hand knowledge of any gap that exists between the policies enunciated by the government and its implementation at the field level. This type of control is meant to enable the senior officers to correct such discrepancies right on the spot and give first hand guidance to the subordinates. Of course, they can also serve the purpose of informing the ~ senior officers about need for change fit the public policies in the light of the actual working in the field.

2. Inspections. Another method of direct control is the detailed inspection of the subordinate officers. This, in fact, is part of the above method in which die senior offices come on tour in the field areas and inspect the work of the subordinates. The only difference is about the intensity of the observations. Occasional visits and tours give the senior officers a Abating idea of the way the programmes are being implemented.

A detailed ami formal inspection on the other hand gives him a full idea about the way the government policies are being carried out. It shows how the subordinate officers have understood the implications of the government programmes have set about planning and executing them. Whether they have given suitable guidelines to their subordinates and whether they have exercised control by calling reports from them are some of the important questions which can be observed during the inspection.

All these methods enable the senior officers to have an idea of the efficiency of die people working under him. In USA and UK efficiency system is considered an important part of personnel management It is also used as an important to input for determining die promotion of the public servants. Various systems have been developed by different government agencies in different countries.

3. Organisation and Methods:
This system aims at continuously assessing the working of the organisation. It was suggested in U. K. by the Select Committee on national expenditure. The Committee advised that die continuous and systematic survey of the departmental structures and procedures should be conducted to find out the methods for inducing economy and efficiency, in working of the government departments. The work was to be so organised that no time of any worker or the machine was. wasted Public administration is also influenced by this scientific approach. But, it was not amenable to the tune and motion techniques. Hence, the technical and organisational methods were developed for the analysis of office procedures and organisations. This is taken as a scientific approach to public management. Hie work started in UK in 1942 which Treasury Department setjsp an Oartd M section. The other departments followed suit and almost every department now has an O and M Section. Similar organisation have developed in other commonwealth countries also. In USA the word O and M means organisation and management, It covers large industries as well as government departments. In feet, the concept of organisation and management is even wiser than that of organisation and methods as developed in Britain mid other Commonwealth countries, ft covers all the management processes like : ’
– Office procedure; :
– supervision
– control
– direction
– planning, etc.
and sot merely the office procedure and organisation.

In India this system was introduced in 1954. There was conflict between the Home mid Finance about the location of O and M System. Now the system is working in the Cabinet Sectt All the Departments and Ministers of the GQI have an O and M unit.

Even in the narrower sense of organisation and methods the system, provides for improving the efficiency and economy of government operations. Obviously, it acts as an instrument of control on the part of the senior management in as much as it studies the organisation and brings to their knowledge instances of wasteful expenditure. It suggests methods of changing the organisation structure as well as simplifying procedures so that the efficiency of operation is improved. Obviously, it provides the senior officers an instrument of control over the organisation.

4. Administrative Ethics:
Above mentioned methods of control were more or less formal methods. However, it has been found that some of the informal methods can be much more effective in practice. Professional code of morality or administrative ethics is as important in public administration as it is in legal or medical professions. However, the legal and medical professions have formal and legal methods of enforcement their professional codes. Several other professions do not have such formal codes. But the members adhere to their code of conduct for the sake of pride in their profession.

In most of the countries the government services have also developed into a professional code of loyalty and authoritarianism. Of course, it was a bureaucratic code and was not very suited to die democratic system of government.

U. K. was the first country where foe government services developed a code of ctinduct suitable for their demo „ atic traditions. Their code of ethics includes such qualities as :
– Loyalty;
– Secrecy;
– Nautrality; ”
– Anonymity;
– Efficiency; and
– Honesty and integrity

Their civil service take pride in self-cultivation of this code of conduct, i. This is deeply engraved in the conscience of their civil servants. It does not require any inducement of rewards or fear of punishment to enforce this code of conduct. The members follow it for the sake of self-actualization 4 and not for any tangible material benefit There may be certain written rules of conduct also in U.K., but, they are not the major instruments of
enforcement of the code. It is enforced by the sense of duty and discipline in the British Civil Service. They have somehow come to cherish their traditions of high morality which are handed down from generation to generation.

In India there is a very voluminous code of conduct for civil servants. It lays down in ©eat details of what a civil servant should do and should not do. ft goes even to the extent of specifying the need for reporting to the government even bonafide transactions with the members of the family and close friends. However, these very tight controls have not incalculated the necessary sense of duty and discipline in the civil servants. The instates of violations of these rules of conduct are many those which are not reported are more than the ones that come to the light. The most important reason for this lack of response of the civil servants to the code of conduct is the lack of probity in political as well as^social lives. There are major scandals involving senior political leaders as well as heads of social organisations in the country.

In fact, many social organisations and associations are set up mainly for the purpose of receiving grants from the Government of India and foreign governments. The obtensible reasons for which these  organisations have been set up may be anything, but, money is utilised by them for the private purpose of the members. In such a situation it is difficult to accept that the civil service will be an oasts of honesty in the sprawling deserts of dishonesty. However, the civil servants in our country are in a much privileged position. For historical reasons they are expected by the people, to provide a model of honest behaviour. They have, therefore, to develop a sense of responsibility and professionalism by- maintaining integrity, honesty, loyalty and efficiency in performing public service.

5. Leadership:
Administrative leadership is the most effective means of internal control. As commonly understood the leadership is the activity of influencing people to cooperate for the purpose of achieving common goals. The leadership is responsible for creating enthusiasm in the workers and maintaining a high morale in them. It is the leadership . which can help the public servants in setting up high professional standards in the performance of their duties. The leadership provides the necessary iJf, coordination and cohesion in the administrative organisations so that all the members of the organisation can work unitedly to achieve the objectives of the organisation.

The leadership has also a negative role in the sense of erecting fear in God in the minds of delinquent public servants. They have to follow policies which make it clear that any deviations from the high standards of morality and code of conduct will be severely dealt with. No one should be left in doubt that deviant conduct on the part of the public servant shall invite punishment in proportion to the, default committed.

However, more important is the positive role to be played by the leadership in encouraging the public servants to improve their performance of their own. It means that the major functions of the leadership Is to keep the public servants in a high state of motivation so that they put in their best for the organisation.

This is very important task. In the ultimate analysis the job of the leadership is to establish a synthesis between the objectives of the organisation and the personal goals of the individual public servants.

Question 6.
Discuss the nature and scope of Judicial Control over Public Administration. What are the Limitations of Judicial Control?
Ans:
Nature And Scope Of Judicial Control:
The need for control over the administrative powers of the executive has been elaborated elsewhere and need not be repeated. This control is exercised internally by the executive and externally by the Legislature and Judiciary. The legislature controls the policy and finance of tire executive.

The judiciary on the other hand exercise control over administrative acts to ensure their legality and to protect the citizens from official encroachment of their constitutional or statutory rights. Tims, the primary objective of the judicial control is the protection of private rights of citizens which obviously :
is a task of great importance.

1. Scope of Judicial Control. The courts of law may intervenes in any of the following cases :

  1. abuse of power;
  2. lack of jurisdiction;
  3. error in tot finding;
  4. error of law;
  5. procedural error.

Usually, the courts intervene if the public servants uses the authority vindictively to harm the citizen, in legal terminology this is called ‘malfeasance’. The judicial remedy is also available in case where the official misconstrues the law and imposes on citizens, obligations which are not [required by law. In legal terminology it is called ‘misfeasance’. The courts also interfere if the administrator has acted ultra vires or without authority.

Similarly, the errors in discovering the facts or departure from the rules and procedures are also covered in the scope of judicial control. Above all an – administrative act which violates the constitution is liable to be pronounced unconstitutional by the judiciary.

2. Forms of Judicial Control. Judicial control may take any of the following forms :

  1. Judicial review of administrative acts and decisions;
  2. Statutory appeals to the court against the administrative acts and decisions;
  3. Suits against the Central or Local Governments by a private party for enforcing contract or torts;
  4. Criminal and civil suits against public servants by private parties;
  5. Extraordinary remedies like –
    1. habeas corpus;
    2. mandamus;
    3. injunction;
    4. certiorari;
    5. prohibition;
    6. quo-warranto.

3. Judicial Review:
The patterns of judicial review vary from country to country. Even within a country there is a variation according to the nature of the administrative act. In UK not all the administrative acts are covered by judicial review. Three kinds of limitations are imposed,

  1. Many administrative acts are excluded from the judicial review by the statutes of Parliament.
  2. Courts also do not want to interfere in all administrative acts. Therefore, they exercise some self-limitations to restrict the review only to the important cases.
  3. Certain administrative acts are excluded from the judicial review due to procedural problems.

However, under the British Common Law most of the administrative acts are challengeable on grounds of want of jurisdiction or excess of jurisdiction of abuse of power. In USA the Congress cannot exclude any administrative acts from judicial review. Unlike British Parliament, US Congress is not supreme and its acts and statutes are themselves subject to 1 judicial review. Therefore, the judicial review of administrative acts extends to almost the whole field of administrative actions. However, the courts have tended to apply some sort of self-limitations and they review the cases to the extent they deem desirable. No clear definitions of these limitations are available. However, some of them are indicated below :

  1. Review lies only if the application is made by a complainant.
  2. The complainant can apply to the court for review only if all other remedies have been exhausted,
  3. Negative orders are usually not reviewed.
  4. Courts do not interfere in cases where the decision is better left to the administrative discretion.
  5. The court do not interfere with administrative finding supported by substantial evidence.
  6. Courts are reluctant to review administrative decisions relating to a legal right which is in the nature of a privilege. For example, in case of gratuity.
  7. The courts usually do not interfere in the essential functions of the government Tike revenue collection, military matters etc.

During the judicial review die courts have wide powers. They, can even order the consideration of Ae case ‘de novo’. Under the ‘Administrative Procedure Act 1946′, the reviewing court is empowered (as to compel administrative action unlawfully withheld or unreasonably delayed, and (b), to hold unlawful and set aside administrative action in respect of decisions which are found to be arbitrary, in excess, without observance of proper procedure or are patently absurd judicial review can be sought on any of the above grounds.

In India the subject of judicial review has .to been properly explored. Normally the courts do not interfere with purely administrative action unless, it is ultra vires in regard to the scope and form. They review quasi-judicial decisions of administration on grounds of ultra vires i.e., failure to follow proper procedure. The availability of review is further restricted by the restrictions imposed by. the Constitution and the statutes. It is argued by many jurists that these statutes are of doubtful validity as the Indian Parliament is not entitled to impose these restrictions on judicial review because it is not supreme.

1. Statutory Appeals:
Appeals to the courts of law or higher Administrative Tribunals are to be provided by statutes. The statutory provisions also make it clear as to who the appeal will be and what action can be taken by the Appellate Court. Usually, the Appellate Authority has wide direction. It can completely accept the decision, modify it or set aside by ordering the action de novo.

2. Suits Against Government:
The suitability of the State arid local bodies is subject to many limitations whichever from country to country.
The liability to be sued may arise on account of the contract or torts.
About contracts there is not much problem. The liability of the’ government to pay for the services which it has ordered is well expected. The government can, therefore, be used, for the enforcement of a contract. Only the modalities and procedure etc. vary from country to country.

About torts i.e., damages for wrongful action, the situation is different. In UK no suit lies against the government exercising its sovereign power. This is based on the doctrine that King can do no wrong. After the passage of Crown P oceedings Act, 1947, the State is; responsible and can be used wrongful acts of its employees. This is, of course, subject to two limitations:
(a) Sovereign functions like war, public order etc. were excluded.
(b) No secret documents can be compelled by the courts.

With the passage of this Act, the position has improved, but, the right of the citizen to sue the government for torts is still severely limited. In USA neither the Federal Government n t the States can be sued for torts except to a very limited extent. In France an Continental countries the principle of ‘Droit Administrated’ prevails. The liability of the, State for the wrongful act of its employees is fully established. The administrative courts are freely awarding damages to the citizens against the wrongful acts of the employee of the government.

In India suability of the government is determined by Article 300 of the Constitution. This article lavs down that the Union of India and the State Government may sue and be sued under the circumstances which were provided bv law before the Constitution came inter force. The position before the constitution was that the government could not be sued for torts for purposes of sovereign functions but could not be sued for contracts. It 1 is the same situation which prevailed in London before 1947. As already mentioned in JJK position has improved after 1947, but has continued to be the same in India. The position of law is said to be highly unsatisfactory.

3. Suit Against Public Officials:
The main question is how far the , public officials are personally liable for their administrative actions ? The position again varies from country to country. In most of the countries the heads of the State and judicial enjoy immunity from civil and criminal , action in respepc of their functions. Others usually do not enjoy such an immunity.

In UK the monarch is completely immune from legal liability for all actions whether performed in public or private capacity, in USA the President i is immune from any process of the, court during this term of office, immunity ’ does not extend to the period after’ he demits “office. Similar provisions exist for the governors of the State.

In India the President and Governors are immune irom legal action for any’act done in exercise of their powers and duties’us laid down in’the Constitution. During their terms of office (but not afterwards) even in respect of their personal acts they are immune from any criminal proceedings, imprisonment or arrest. Civil proceedings in respect of their personal acts are permissible even during their term of office but only after giving two months’ notice.

Judicial officials are completely immune from liability in respect of their acts or omissions, in their, judicial capacity. In USA, UK and India and many other countries non-judicial officials of the government do not enjoy such immunity. Again the situation varies from country to country.

In UK non – judicial official cannot be sued in his personal or individual capacity for any contract entered on behalf of the Govt. But he can be sued for torts for his illegal acts. Public Authority Protection Act 1893 protects the acts of public officials done in pursuance of the Act of Parliament. The Criminal liability of a public servant is the same as in the case of any other citizen.

In USA the public officials are personally liable for their illegal acts. The situation is more or less like that of UK. In India officials are exempt from liability for contracts. For excels of jurisdiction the officials are personally liable. For torts the civil servant is only liable unless he had acted in good faith starting civil proceedings against him.

As regards the criminal liability, previsous sanction of the President or the governor is required for initiating proceedings against civil servants who are appointed by the President/Govenor for acts done in discharge of their official duties. For their personal actions their criminal liability is the same as that of any private citizen.

4. Extraordinary Remedies:
The extra-ordinary remedies consists of 5 writs
(a) habeas corpus;
(b) mandamus;
(c) prohibition;
(d) certiorari;
(e) quo–warranto. In USA there is an addition of 6th i.e., injunction.

Historically these writ started in England where, they were issued in the name of ‘King’ and were known as prerogative writs. These writs’ are called extra-ordinary because except habeas corpus and to certain extent prohibition, they are granted by the court in their discretion and not as a matter of right. Another important limitation is that these writs are granted only when there is no other adequate remedy available.

In USA and India the question of prerogative does not arise. In USA these remedies are provided partly by common law and partly by statute.
In India provisions have been made about these writs in the Constitution.

The law relating to these writs is completed and can not be easily summarized. However, a number of generalizations are given below which should be read with the.note of caution that it is bound to be incomplete and insufficient in detail.

5. Limitations of Jndicial Control:
The judicial control of administrative activities has some limitations which are discussed below :

  • The courts cannot intervene of their own accord. They take notice – only when approached by mi individual or a group of individuals complaining that shine of their rights have been infringed or are likely to be infringed by the actions of the government servants.
  • Secondly the judicial control is a control after the event One can seek a judicial remedy only after the damage has been done. . However, the judicial decisions can provide good guidelines for future guidance of the administrative officers.
  • A number of statutory provisions prohibit the judiciary from taking notice of various administrative activities.
  • The process of seeking judicial remedy has become a very costly one. Ordinary citizens of die country do no£ have the financial resources necessary to seek such a remedy.

Question 7.
Write short notes on : (a) Hebeas Corpus; (b) Mandamus; (c) Prohibition; (d) Certiorari; (e) Qno-warranto; (f) Power of the Indian Courts Regarding the Write.
Answer:
(A) Habeas Corpus:
It literally means, ‘you shall produce the body. Several Writs go by this name. We discuss here the meet important one which is called ‘Habeas Corpus ad-subjiendum recipiendum’.

It has been defined as a, write to the person detaining another and commanding him to produce the body of the prisoner a certain time and place with the day of Ms arrest and tension to submit to and receive whatever the court or a judge awarding the writ shall consider in that behalf.

The purpose of the writ is to determine whether the person seeking remedy detained legally or illegally. It may be directed to a private person as well as public officer. The writ is granted as a matter of right and not as discretion of the court.

The procedure for this writ laid down by the Supreme Court of India is indicated below
– application is moved in the registry by the person detained or by any outer person if the former is not in a position to do so;
– the application is heard by a division court or a vacation judge;
– if the court finds a prima facie case it issue rule HOT asking the person against whom the writ is filed to appear and show cause why it should not be granted;
– on the day of hearing if no cause is shown or the court is not satisfied with the cause shown the detained person is set at liberty and the rule is- discharged.

(B) Mandamus
It literally means mandate or command. It can be defined as a command issuing from a common law court of competent jurisdiction in the name of the State of the sovereign directed to some corporation, officer, inferior court requiring the performance of a particular duty therein specified -which duty results from the official station of the pay to who the writ is directed or from the operation of law.

It is discretionary writ and issued subject to the following conditions :

  1. The applicant must have a legal right to the performance of a legal duty by the agency/officer against whom the Mandamus is sought;
  2. The right must be a public right and duty sought to be performed. of a public nature;
  3. The legal right in question must reside in the application himself;
  4. Petition must be made in good faith;
  5. The petition can be made only if a demand for performance of duty has been made and refused.

The writ of Mandamus is used for compelling public officials and bodies to carry out their legal duties. It can also be used to compel restoration of the public office of which the holder has been wrongful dispossessed and to ensure exercise of a jurisdiction by inferior court and quasi judicial tribunals.

This writ is not issued against the Heads of the State and is also no granted if it is likely to prove unavailing.

(C) Prohibition
It is defined as ‘an extra – ordinary judicial writ’, issuing out of a court of superior jurisdiction and directed to an infeior court for the purpose of preventing the inferior tribunal from usurping a jurisdiction with which it is not legally vested. The difference between Mandamus and prohibition is

Mandamus

Prohibition

(a) it calls for action it maintains the status quo
(b) it is generally discretionary it is generally a matter of right
(c) it is issued against a public authority it is issued against a judicial or uasi judicial authority
(d) the right to move must inside in the applicant anybody can move the court

The writ of prohibition plays some part in the control of administrative tribunals which have quasi-judicial functions. It is not of much significance in respect of administrative actions.

1. Prohibition and Injunction:
Injunction is not mentioned in the list of writs in the Constitution of India. Indian courts have, however, the power to issue injunctions and they freely do so. Injunction has been defined as, ‘a judicial process operating in person and requiring the person to whom it is directed to do or refrain from doing a particular thing’.

In England and USA injunction is not a common law writ but is an equity writ. Injunction is of two kinds : (a) mandatory and (b) preventive.

Mandatory injunction resembles Mandamus. The difference, however, , is that mandamus cannot be used against private person while the injunction primarily is a process of private law. Mandamus is a remedy of a common law while the injunction is an arm of equity.

The difference between injunction and prohibition is that the former is directed to the litigant parties, while the latter is directed to the court itself. Injunction recognise the jurisdiction of the court in which the proceedings are pending while prohibition questions it.

(D) Certiorari
Literally it means to be certified and to be made certain. It has been defined as “a writ issued by the superior court to an inferior court of record, or other tribunal or officer, exercisirng a judicial function requiring the certification and return to the former of some proceedings then pending, or the record and proceedings in same cause already terminated, in cases where the procedure is not according to the course of the common law”. ,

This writ lies against a judicial act and only in cases of substantial, errors and not formal ones. Generally, it is not panted where an adequate remedy is available. The effect is to quash or affirm the proceedings of the lower court or the tribunal. It is an important instrument of control in respect of quash-judicial functions of administrative officers and tribunals. Mandamus and Certiorari are typical administrative law remedies.

(E) Quo-Warranto
It literally means, what ‘warranto or authority’. It has been defined as, “the remedy or proceedings whereby the court enquires- into the legality of the claims which a person .asserts to an office or franchise and to oust him from its enjoyment if the claim be not well founded”,  It is an ancient common law writ. Its purpose i? to oust a usurper from public office. Conditions of this writ are :

  1. The office must have beers created by some statute.
  2. The duties of the office must be of a public nature.
  3. The tenure of the office must be, permanent.
  4. Person proceeded against must be in actual possession and use of the office in question.

The person petitioned against is called ‘respondent’, and the petitioner of the writ is called the ‘rslatef. The writ is granted only when .he latter has some interest in the matter. The word interest has, however, been interpreted widely. Proceedings are of a civil nature and the burden of proof on the respondent. The nature of orders could be ‘Ouster’ or ‘Iiv^al’, or ‘Vacancy’.

(F) Power Of The Indian Court’s Regarding The Writs
In India only the Supreme Court and High Court have the jurisdiction to issue t{ie writs. The Supreme Court can issue directions, orders or writs to enforce fundamental rights. Similarly, High Courts can issue directives, orders ar writs to enforce fundamental rights ard for any other purpose.

It may be noted here that the powers of the courts in India are much wider than merely to issue writs. The courts, in addition to issuing writs, can issue other directives and orders also.

Another notable feature of writ jurisdiction in India is just that the jurisdiction of high courts is much wider than the jurisdiction of the Supreme Court. The Supreme Court can issue writs only for the enforcement of the fundamental rights. The High Courts on the other hand can issue writs for any other purpose. This is a very wide discretion and the court can issue writs in any matter in which it ffeels that the interference of the courts is necessary.

Question 8.
What are the modes of enforcing Public Responsibility under democraac set-up.
Answer:
Modes Of Enforcing Public Responsibility:
Several modes of enforcing public responsibility are :

  1. Through elected representatives;
  2. System of recall;
  3. Advisory and Consultative Committee;
  4. Pressure groups.

We would attempt to discuss briefly the important features of each of them.

1. Through Elected Representatives:
The most important method of enforcing the accountability and responsibility of the public servants towards people is, through their elected representatives. In Parliamentary form of government the political executive is a part of the elected legislature. This political executive is collectively responsible to the Parliament. They can be removed by the Parliament if they lose me Parliament’s confidence.

The public servants who work under tike political executive are responsible to it for the discharge of their duties. The public servants are thus answerable to the Parliament through the political executive. The political executive is ultimately responsible to the people through the Parliament. In this way the public servants are indirectly responsible to the citizens. Naturally, they do not take orders from each and every citizen.

But, the political executive to which the public servants are subordinate has to respect the Mshes of the citizens. Their policies are teed on the preference of die majority of citizens and public servants are supposed to executive this policy under die overall guidance and supervision of the political executive.

In some countries senior administrative officials are also elected. This system is prevalent in some cantons of Switzerland, some states of USA and a number of local bodies. This system has the advantage of enforcing direct responsibility of the public servant through a system of election.

The disadvantages of this system are :
(a) It lead to partisan politics and favouritism in public administration;
(b) A system of election does not necessary throw up administratively competent persons;
(c) This may, therefore, lead to inefficiency in administration;
(d) Another limitation is that in a large country, it is not possible to elect a large body of public servants to administer the country;
(e) Moreover in an election it is impossible, to match the requirements of the job with the qualifications of the candidates.

2. System of Recall:
The system of recall is based on the principle that “cure of the ills of democracy is more democracy”.
Where the public servants are elected the system of recall is a natural provision. In fact, the system of recall is related to the system of initiative and referendum which are related to public policy and not administration. The system of recall is connected with administration only in-so-far as it applies to the elected officials. Generally, this provision does not exist The modem public servants are subjected to the usual discipline of the administrative hierarchy ratter than die discipline to be enforced by a system of recall.

3. Advisory and Consultative Committee.
Another system by which the citizens can influence die public servants in the discharge of their duties is die system of advisory and consultative committees. A number of such consultative committee have been appointed in India in various departments at various levels. For example, die Post and Telegraph and Railways have the Consultative Committees at die level of the Ministry m well as for their zones and divisions. A large number of Advisory and Consultative Committees are functioning in the Ministry of Commerce and Industry.

These Committees provide a forum for a two way communications between the citizen and the administration. In these committees the citizens get an opportunity of airing their views and presenting their problems before the public servants who are supposed to present their side of the picture. For example, they can explain their difficulties regarding proper maintenance of facilities like telephone services and their/ future programme of action.

This is not only provides satisfaction to the citizens that their views have been heard regarding their problems concerning the particular departments, but, it also gives the officers of the department an opportunity to know die public reactions to their policies and programmes and secondly to improve the programmes and their implementation wherever there is the need and scope to do so.

Most of these committees do not have any executive functions. They f are mainly advisory in nature. Although their advice should be given due weight, in the fitness of things they should remain only advisory in nature.There is otherwise a danger of public responsibility being compromised and impaired.

4. Pressure Groups:
In many countries the term pressure group raised feelings of exasperation and scorn. However, the system has been recognised in the American pattern of administration. In fact, pressure group itself is an American term and means a group of people organised actively in the pursuit of some special interests which its members join to promote. The well-known example of such pressure groups are the organizations of industrialists and manufacturers like Chambers of Commerce and Industry . Manufacturers guilds, etc. and the organizations of labour like trade union etc. These types of organisations appear in other countries also. These organizations tend to press for the interests of their groups before the – government, legislators etc.

While these types of pressure groups may be pressing for then legitimate interest, there are other types of groups which may not be so benevolent. Some examples of these are groups based on caste, religion, races etc. Very often these groups tend to be organised on narrow parochial interests and become intolerant of other similar groups. This sometimes leads to acrimonious debates and ever, violent clashes. These kinds of interest groups are very often pre-dominant at local levels.

There are no factual studies to estimate the influence of various types
(i) They provide a liaison between die administration and the members of the group. They act as channels of communication between the administration on the one hand ad die members of the group on die other. The administration can get its policies and programmes known to the members through pressure groups;

(ii) The pressure groups are able to put forward the views of their profession, industries, etc. forcefully before the Legislators as well as administrators. They being members of hompgeneous groups are able to muster necessary expertise and numerical strength to influence die public policy of the government.

(iii) These groups keep members informed of the rules and regulations of he government regarding their profession, industry, trade etc. They ensure that there afe no violations of these rules and regulations by their members.

(iv) By virtue of their expertise and their economic clout, some of the pressure groups are able to advise the government about die extent of desirable regulation . These groups being composed of responsible ciozsns realise that certain amount or regulations is essential to discipline their own members and to ensure proper service to the public. But, excess of regulation can make their working difficult. These groups, therefore, advise the government on the limits to‘ which the regulation wifi be desirable.

(v) To save their members from being whipping boys politicians/ bureaucrats.
These pressure groups -woo the government servants.
– woo the employee, consumers citizens etc.
This avoids the profeion of victimisation hy dishonest politicians and

(vi) They keep the members abreast of changes m the government thinking. They being a recongnised group are in constant touch with the government. Vary often the government finds it profitable to consult them before introducing any changes in die rales and regulations concerning their trade, profession etc. These groups in turn keep their members in touch and have their feelings known to the government.

Sometimes die groups employ tQepbmaie means to secure official favour. They at times bribe the officials and encourage corruption.

In spite of these limitation the system of pressure groups is a good device to enable the cirtizens to’ influence the policies and programmes of the governmental relating to their respective trades, professions, industries etc. Individual members wit! not be able to achieve the same effect as the groups can do.

Question 9.
Discuss the nature of people’s participation and the various modes of Public Influence on Administration,
Or
Discuss the Nature, Scope and Form of People’s participation in ^ Public Administration in a democratic set-up.
Answer:
Modes Of Public Influence On Administration:
The public influence on administration is mostly in an indirect and v informal manner. There are ’some formal modes of influencing the administration. These are :

  1. System of election;
  2. System of Recall;
  3. Advisory and Consultative Committees;
  4. Pressure groups.

We would discuss in brief as to how these modes of influence operate in actual practice.
1. System of Elections:
The highest officials of the State namely, the political executive are always elected by the people directly/indirectly. The top administrators are appointed by the political executives and are responsible to teem. The influence of tire people on the administration is therefore through the political executives who are responsible to the people.

Since the political heads have to seek re-election after a fixed period of time they have to take care of the problems of their constituency . The people are, therefore, able to influence the political executives in this functioning. They are able to bring pressure on them by virtue of their voting power. The political executives have to listen to them as they have to return to them periodically for their election.

However, in practice the  system of elections has not been a very effective instrument of the exercise of people influence over a very effective instrument of the exercise of people influence over administration. The elections are held at long intervals say once in five years- After getting elected to their administration, the ministers can afford to ignore their electorate of a considerable period of time.

In some countries, there is also a system of electing the administration  officials. The Canton Government in Switzerland and some States in USA 1 and local government have elected officials. The system is bad from the administrative point of view, but ensures direct and close control and influence of people over administration. However, it leads to favouratism and patronage. The system is also impracticable in a large country where elections for a large body of administrators are not possible. The system Iras, therefore, fallen into disuse. Most of the modem democratic have appointed administrators rather than elected once.

2. System of Recall:
This system of recall of officials is a corollary to the system of election of officials. It is based on the promises that the whole of democracy. Under this system, the officials has to retire from his s office even before the expiry of his term of office, if he is defeated in recall poll. The system of recall is as rare as the system of elected administrative officers. In any big democracy this type of a system is impractical

3. Advisor Committees:
The above mentioned of people’s influence over administration are of a general nature. In these methods individual citizens hardly find an opportunity of being able to use their most important mode of exercising people’s influence the decisions of the government. The most important mode of exercising people’s influences on administration is ‘ . that provided by Advisory Committees.

In India, the Advisory Committees are generally a post independence innovation * in administration. In 1957, there were not more than dozen  Advisory Committees in existence. Moreover the committees that exist do not have the distinct complexion that such bodies under democratic set-up normally acquire. Moreover, the colonial government had very few developmental functions to perform.

There was, therefore, not much need to have advisory committees. With the advent of independence the government took upon itself a large number of functions requiring policy initiatives in many new directions. Since these policies were- meant for the’ development of the people, their participation was considered essential in the -successful implementation of these policies. A number of committees have therefore multiplied enormously aft.

independence, There are a number of such advisory committees in each Mini dry The Ministrie are not even able to indicate the exact number of ad*. Kory- committees .they kye. A tentative list of advisory committees in 1961 indicates there were more than 500 such committees in government of India.

4. Types of Advisory Committees:
The advisory committee may be classified into the following types :

  1. Representative Advisory Committees;
  2. Expert Committees;
  3. Advisory Committees for independent administration; ,
  4. Informal Consultative Committees; For Golden Success to Reed KSMG PASSPORT
  5. Territorial Advisory Committees;
  6. Zonal Councils.

The most important of these committees are the tentative committees and expert committees. A representative advisory committee is an extension to the democratic principle. It provides representatives to the various interests and thus enlists the participation of concerned people in the administrative processes, broadening thereby the democratic base. Since modem democracies deny having been representative, the representative advisory committees provide the government an opportunity of ascertaining the connected people with the decision making process. For this reason, the use of representative advisory committees is becoming more and more widespread in public administration.

The expert committees as their names suggest enable the government to associate various in professional bodies with the decision-making in T areas where their advice may be useful. For example, Planning Commission . appoints a number of panels of experts from outside the government. Some of the reports of these expert committees have been found very useful to the government in framing policies in complicated technical areas.

The advisory committees may be really useful if their function remains only advisory. Otherwise, there : – a danger of public responsibility being impaired; It is also necessary that the members of these committees have a broad and representative perspective of their function rather than a narrow and personal uSe, On ihe other hand, the system of advisory committees also requires that ‘their .suggestions and advise should be given due weight and consideration by the government. Their members should be appointed with great care and attention. L their influence and advice is not given proper consideration, no self-respecting people with join those advisory bodies. Even those working or these advisory committees will lose all interest if they know that their advice carried no weight with the sdramistration.

It may also lead them to make irresponsible suggestions in the belief that the government ;$ not serious about the implementation of the advice rendered by the committee. If properly used, the system of advnosy committees can prove as the most effective one of ensuring people’s . participation in administration, ft is true the system does not give an ‘ opportunity for each and every citizen to participate in the decision making  process nor does it appear possible to do so.

5. Pressure Groups.
Another method of exercising people’s influence over public administration is tnrough the operation of pressure groups. Pressure Croup is an American which means a section of people . organised and active in the pursuit of some special interests Which its ‘members join to promote. Usually, they are groups of industrialists, traders, businessmen with organised commercial interests.

The various chambers of* commerce and industry, trade unions, caste and religious groups etc., belong to the category of pressure groups. Although, the pressure groups are more prominent in the United States, they are also existing in other countries and influence the public policy to varying extent.

Some people have criticised pressure groups for promoting their narrow interests. However, if properly organised, the pressure groups may also serve the following useful functions :

  1. To put its own point of view of the policy making originations of the government that is legislature and the administrative agencies.
  2. To keep its, members informed about the new rules and regulations etc., framed by the government about its activities.
  3. To resist unduly restrictive policies of the government which may have an adverse effect on the economic activities pursued by the group.
  4. To explain to the people the view’ point of the group so. that a favourable opinion is formed about their activities.

However, sometimes the pressure groups may employ unlawful means for securing official favour. This may give rise to various malpractices in administrative life, corruption and favouritism.

In any case, the pressure groups are an important instrument in ensuring people’s participation in the administrative process. The advise can be used both for legitimate and illegitimate purposes. It is for foe administration to interact with it and changeless it in foe right direction.

6. Public Opinion:
Besides the organised methods of people’s participation in public admipistration, there are some informal methods also. One such method is the fomation of public informadon which is expressed through various publicity media like préss, television, radio, etc.

While in india, radio and television are government controlled, press is an important independent medium thì’ough which people can exercise their influence on’ public administration.This is done through variots means like giving press’ statements, writing letters to the editors etc.. The government can also interact with peoi,Ie through their public relations machinety whiçh explains to the people the government’s policies and programmes in a constructive way.

They can also use the various media mentioned above for their interaction with the people. For ‘examplé, the government may organise an open national debate on important issues concerning public administration. One mayiecall the issue of Parliamentary versus Presidential form of government which was widely discussed in-the newspapers. The newspaper discussions did appear to have made alot of impact on the government about this question.

7. Conclusion:
In any democratic government pêople’s participation in the public administration is very important From the point of view of making government policies, a success.- Even the best of programmes launched by the government can not be successful unless people participate in them willingly. It is also the endeavour of the government to ensure people’s participation because most of their programmes are meant for the benefit of the people. Without active cooperation and participation of the beneficiaries, the government programmes cannot be -effectively implemented.

It is, therefore, necessary fob the government to associate the people with the decision making process, in the government by various forms of informal ’ ways discussed above.

Question 10.
Discuss the concept of Lokpal and Lok Ayukta for the redressal of Public grievances in India.
Answer:
Lok Pal:
Lok Pal has to be appointed by the President in consultation with the ‘ Chief Justice of India and the Leader of the Opposition. Independence of Lok Pal is guaranteed by the following :
(i) After demitting the office of the Lok Pal, he becomes ineligible for any other appointment in GOl or State Government or a local  body or any government corporation or society. Since no other can be offered to him, it is expected that he would work independently.

(ii) His pay, pension, allowances, etc. are protested as in the case of Chief Justice of India. lt means that they are to be charged on the Consolidated fund of India and not voted by Parliament. The terms of his appointment cannot be altered and not voted disadvantage during his term of office.

(iii) He can be removed from office be President only on ground of proved misbehavior or incapacity, the enquiry being conducted by a serving or retired judege of Supreme Court appointed for the purpose by the President. The report of the enquiry has to be placed before both the House of Parliament by the President. He can also be removed from office by the President if an address of ,f each House supported by a majority of total membership of that . House and a majority of not less than 2/3rd of members of the House present and voting have been presented to the President in the same session for removal.

Obviously the Lok Pal has been made an office of a very high status and is made completely independent of the government.

1.Jurisdiction:
Any action taken by or with the general or specific approval of Minister or Secretary or any other public servant notified by the GOI will be in the jurisdiction of the Lok Pal. His jurisdiction, however, doe’s not cover the actions of the judges.

2. Scope of Functions:
Oat of the very wide jurisdiction of Lok Pal mentioned above following are excluded :

  1. Matters certified by the Secretary as affecting relations or dealings with foreign governments.
  2. Actions under Extradition Act, 1962.
  3. Actions connected with die security of the State.
  4. Matters relating to terms of commercial contract except where harassment or gross delay in meeting the contractual obligations are alleged.
  5. Service matters of the public servants except pension, gratuity and GFF.
  6. Grant of honours and awards.
  7. No complaint lie if a remedy is available unless sufficient cause is shown why the remedy was not availed of.
  8. The complaint cannot be made about the grievances which are more than 12 months old or an allegation which is more than five years old.

3. Manner of Making Complaint:
Following are the important points connected with the making of complaints to the Lok Pal.

  1. A complaint can be lodged only by the aggrieved person.
  2. It has to be in such form and has to be accompanied by such documents including such affidavits etc. as may be prescribed by the Lok Pal.
  3. Letters written to the Lok Pal % persons in Jail/asylum have to be presented to him. He can treat them as complaints.

4. Rates of Functioning.
Following {mints deserve mention in this respect

  1. Lok Pai can act on a complaint or also on his own motion.
  2. A copy of the complaint and ground of allegation is sent to the public servant and to the competent authority who has power to take disciplinary action against the public servant
  3. Investigations are private Identity of the public servants and the complainant need not be disclosed by Lok Pal.
  4. To start the proceedings or not is the discretion of the Lok Pal. If he decides not to do so he has to inform foe complainant

5. Powers of Enquiry:
For conducting the enquires the Lok Pal has the power to get the documents produced from any public servant or private individual.
He has foe power of foe civil court in respect of:
– summoning and enforcing attendance of witnesses;
– discovery of documents;
– taking of public records; ‘
– requisition of public records;
– issue of commissions of enquiry to examine witnesses etc.
These enquiries are Judicial proceedfajp under Section 193 of IPC.
The documents asked for by the Commission can IKS refused by the government if:

  1. they , prejudice the security of the State;
  2. they interfere with die investigation of crime;
  3. they pertain to the proceedings of the cabinet etc.

6. Investigations:
Lok Pal can utilise any investigating agency of the government with its concurrence of any person or any agency including its s own for conducting investigations into allegations against the public servants.

7. Recommendations. After conduction the enquiry die Lok Pal mate his recommendations to the competent authority who is to initiate actions with in three months. If satisfied with the action taken by the competent ‘ authority the Lok Pal can close the caste after informing the complainant If he is not satisfied with die action taken by the competent authority, he can make special report to the President and inform die complainant.
President has to place such cases of disagreement before die Parliament.

8. Annual Report:
The Annual consolidated report of the working of the Lok Pal has to be sent to the President who places ft before the Parliament.

Lok Ayukta:
Lok Ayukta is appointed by the President in Consolation with the Lok Pal. Pay, pension, allowances, etc. of Lok Ayukta are the same as that of the judge of the Supreme Court ft means tot die pay, person and allowances etc. of Lok Ayukta are charged to the Consolidated Fund and not yoted by the Legislature. His terms cannot be altered to his disadvantage during his tenure of office.

1. Control over the Lok Ayukta:
The Lok Ayukta will work under 4 the over-all control of Lot’ Pal who can issue directions regarding the disposal of investigations etc. However, Lok Pal will have no authority to question any finding or conclusion or recommendation of the Lok Ayukta.

2. Jurisdiction. Lok Ayukta will have jurisdiction over actons of public servants other than those within the purview of Lok Pal.

3. Competent Authority:
For the purpose of recommendation of Lok Pal the competent authority is to President while for the same purpose in the case of Lok Ayukta to competent authority wUl he such as may be notified from time to time.

The conditions of appointment, terms of office, removal, scope .of functions, manner of making complaints, manner pf functioning, making recommendations and reports, secrecy of information etc. in respect of lok Ayukta me identical to those in respect of Lok Pal.

4. Conclusion:
As already mentioned the Bill creating the institution of Lok Pal was allowed to lapse. Consequently, die institution of Lok Pal has not yet been created. However, tome of the State Governments have created tire institution of tire Lok Ayukta to look into the grievances of the citizens against the actions of high political’ and administrative functionaries like the Ministers and the Secretaries to tire, State Governments etc. Their terms and conditions of service as well as the manner of functioning are more or less the same as mentioned above for the office of the Lok Pal.

Question 11.
Write short note on the “Obstacles in the way cf Administrative reforms”.
Answer:
Obstacles In The Way Of Administrative Reforms:
However, important administrative reforms may be, their implementation is beset with many difficulties. Some of these are described below :

(i) The most important problem that arises in foe formulation as well as implementation of the administrative reform is the resistance of bureaucracy which is often very intense and very resolute. Apart from tire usual lethargy of bureaucracy, their resistance comes from various vested interests. If the influential sections of ” bureaucracy are adversely affected by the administrative reforms, they make every .effort to frustrate their implementation.

(ii) It is very difficult to implement wide ranging administrative reforms. The machinery of the government is too sprawling to permit any effective scrutiny and control. This machinery has a logic of its own continuance arid self-preservation.

(iii) Formulation and implementation of administrative reforms may be the responsibility of the political leadership. Any scheme of administrative reforms requires a through understanding and commitment on the part of the political leadership for its successful implementation. Very often, specially in developing countries, political leadership is more engaged in retaining political power rather than giving serious attention to the problems of administrative refrains. Tire political leaders are usually interested in the local problems life placement of petty officials. They5 lose sight of the wider questions relating to tire development of the proper administrative system. la such a situation, it is way difficult to effect any administrative reforms specially because the bureaucracy is in any case, not very much interested in the subject.

(iv) Another source from which the process of administrative reforms can derive support is the academic world. In most of the developing countries, however, the academic and research institutions usually have not come forward to make any notable contribution to the thinking regarding administrative reforms.

For example, the academic and research .institutions in India have not provided any professional leadership for promoting serious thinking on the question of administrative reforms. Even the Indian Institute of Public Administration (IIPA) has not been able to make much of a contribution.

(v) Voluntary organisations and citizens, form can be another source for exerting pressure on the government for formulating and implementing administrative reforms. In developing countries, these organisations also have hot come forward with any thrust in this field. In fact, these organisations are every often dependent on the resources and patronage provided by the government. They are,therefore, not in a position the government in effecting changes in its administrative system.

(vi) The VIPs who can be influential in formulating aid implementing the administrative reforms usually do not feel the need for such reforms. They live in such a protected environment that they are not able to see the problems faced by foe common man in relation to his dealings with foe public administration. Most of the needs of these VIPs are taken care of by foe personal support provided to them by the government. Therefore, they no longer remain  interested In applying themselves to the serious problems of
administrative reforms.

(vii) Other influential sections, like the upper and middle classes get their work done through corrupt practices. They are principally , occupied in getting their work date by hook or by crook.

(viii) The trade unionism in the lower echelons of administration also militates against foe introduction of improvements in administration system. For example, it becomes impossible to reduce foe staff in any particular organisation even if foe present incumbents are provided alternative employment. There is a great resistance to foe introduction of better procedures for work like electronic data processing, computerization, etc.

(ix) It has been observed that the capacity of reform in a voluntary system of reform? is limited. If too much of reforms are introduced, there may Ire instant resistance from various sources defeating foe very purpose ‘reforms.

(x) During the period of stability, the administrative reforms are. ignored because it does not appear imminently necessary to implement them. However, during unstable conditions, the attention of the public authorities is concentrated on other larger issues. In either case the question of administrative reforms does not get the attention that it deserves.

(xi) In any established administrative system, the dose of administrative reforms at any particular time can only be marginal and not ‘spectacular. This underscores the need for a continuous process of reform rather than a high dose of reform at a time.

(xii) The machinery for administrative reforms is often not balanced one. This machinery should ideally consist of politicians, bureaucrats, academicians and experts from other fields. Usually, such bodies are dominated by bureaucrats. The process of administrative reforms, therefore, remains necessarily slow.

(xiii) Very often an adequate machinery is not created at various levels. Even is such a machinery is created, it is not manned by competent people. This jeopardises the success of the implementation of the reforms.

(xiv) Another important handicap in the implementation of the administrative reforms is the resource constant. The obvious example is that the need for an adequate pay structure for the – public servants cannot , be established for want of financial resource. This may lead to dissatisfaction among the public servants resulting in poor performance of administrative system.

DU SOL BA 3rd Year Administration and Public Policy Notes

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