Category: Political Science Notes

Here is an essay on ‘Sovereignty’ for class 11 and 12. Find paragraphs, long and short essays on ‘Sovereignty’ especially written for school and college students.

Essay on Sovereignty

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Essay Contents:

1. Essay on the Definition of Sovereignty
2. Essay on the Characteristics of Sovereignty
3. Essay on the Legal Sovereignty
4. Essay on the Political Sovereignty
5. Essay on the Popular Sovereignty
6. Essay on the Pluralist Theory of Sovereignty
7. Essay on the Titular and Actual Sovereign

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Essay # 1. Definition of Sovereignty:

The term sovereignty is derived from the Latin word “superanus” which means supreme. It is common knowledge that sovereignty is the most important characteristic which distinguishes the state from other associations.

According to Jean Bodin- “Sovereignty is the supreme power of the state over citizens and subjects unrestrained by law.” Hugo Grotius defined it as “the supreme political power vested in him, whose acts are not subject to any other and whose will cannot be overridden.”

For J. W. Burgess, it is “original, absolute, unlimited power over the individual subjects and over all other associations of subjects. It is the un-derived and independent power to command and compel obedience.” According to Woodrow Wilson- “Sovereignty is the daily operative power of framing and giving efficacy to the laws.” W.W. Willoughby identified it with “the supreme will of the state.”

There are two aspects of sovereignty – internal and external. Internally, sovereignty has undisputed control over all citizens, aliens, associations and organisations. Its command is final and binding. The disobeyer of the sovereignty is punished. The limitations on the sovereignty, if any, are those mentioned in the constitution. The fact is that there can be no higher authority to restrain the sovereignty.

From the external point of view, the sovereign is free and independent and equal with the sovereigns. The sovereign is master of its destiny and decides about war and peace. It sends envoys to other states and receives envoys of other states. It enters into contracts and treaties with other states and participates in all international conferences.

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Essay # 2. Characteristics of Sovereignty:

The following are the major characteristics of sovereignty:

The first characteristic of sovereignty is absoluteness. It means that the sovereign is supreme and unlimited. In the state there is no other power higher than the sovereign to command over. Sovereignty is the storehouse of all laws and rights.

It is very clear that if a sovereign is put under the control of any other power it will lose its sovereign status. There is no authority internal or external to poach on the power of the sovereign.

But there are some limitations, as argued by the critics, upon the sovereign:

(i) No sovereign, however great he might be, can curb religion, morality or customs. The King-in-parliament in England cannot make a law that all blind children will be killed.

(ii) In modern states the constitution guarantees some fundamental rights to the citizens. Obviously, these are limitations on the sovereign.

(iii) In the international field each state has to obey the international law, which goes against the absolute nature of the state.

The second essential characteristic of sovereignty is its indivisibility, which means that it cannot be divided into so many parts. So John C. Calhoun rightly observed- “Sovereignty is an entire thing to divide it is to destroy it. It is the supreme power in a state and we might just as well speak of half a square or half a triangle or half a sovereignty.” It is said that sovereignty stands for the supreme will. If it is dissected it cannot represent the supreme will.

But there are some limitations on the theory of indivisibility of sovereignty:

(i) In a federation the sovereignty is divided between the centre and the federation states. It is also possible that in the centre one political party is in power and in the federating units some other parties are holding the rein of administration. In such a case the sovereignty is shared between the different parties.

According to A. L. Lowell:

“There can exist within the same territory two sovereigns issuing commands to same subjects touching different matters.”

(ii) The pluralist do not believe in the indivisibility of sovereignty. The sovereignty resides on the various units of the society, of which the state is one. According to them, the state is never absolute nor is sovereignty indivisible. Sovereignty is split up among the state, the central government, provincial government, local self-government, family, etc. So the indivisible aspect of sovereignty is negative by the pluralists.

The third inherent element of sovereignty is its exclusiveness. This characteristic is very much akin to the element of indivisibility which means that there can be only one sovereign in one state.

The fourth important feature of sovereignty is universality or all-comprehensiveness. The sovereign has full jurisdiction over every person or every-thing within the state. With such sweeping control there cannot be any social disorder.

But the critics put some limitations on the universality of sovereignty. The diplomats and envoys of foreign countries, the ships and aircraft of foreign countries are to be exempted from the purview of the sovereignty of the state.

The fifth essential mark of sovereignty is permanence. So long the state will remain in existence its sovereignty will continue because sovereignty is a permanent trait of the state. The King may die, the government may be replaced but the state will continue and with the continuance of the state will continue the sovereignty.

The final trait of sovereignty is inalienability. It means that sovereignty cannot be transferred. So Francis Lieber rightly said- “Sovereignty can no more be alienated than a tree can alienate its right to sprout or man can transfer his life and personality without self-destruction.” The alienation of sovereignty from the state is as suicidal as the transfer of heart from the body of a man.

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Essay # 3. Legal Sovereignty

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Legal sovereign is defined as that person or body of persons that makes law which is final and recognised by the courts and enforced by the executive. The concept of legal sovereignty is associated with the English jurist John Austin. This theory is also known as the classical theory or monistic theory of sovereignty.

According to the monistic school, sovereignty is absolute, determinate, supreme, omnipotent, indivisible and inalienable.

In his book Province of Jurisprudence Determined, published in 1832, John Austin defined legal sovereignty as:

“If a determinate human superior not in the habit of obedience to a like superior receives habitual obedience from the bulk of a given society, that determinate human superior is sovereign in that society, and the society is political and independent.”

The focal point of Austin’s theory of Sovereignty is law which is the weapon of the sovereign. Law is nothing else but the command of the sovereign and is obeyed because of physical penalties.

In the words of Austin:

“Law is the command of a determinate human superior to an inferior, i.e., a command of the sove
reign to the subject. The essence of law is the coercive force of the state.”

Law creates unity in the state. The rights of the people are what the sovereign sanctions. It can make and unmake any law or right. Sovereignty is universal. Whatever exists in the state are permitted and commanded by the sovereign.

The English constitutionalists who support the theory give out the example of the British Crown in Parliament as the embodiment of Austinian sovereignty. So the closest that the English constitutionalists came to identifying the centre of sovereign power is in the phrase used frequently from the sixteenth century onward – the King (or Queen)-in-Parliament.

Basic Features of Austin’s Legal Sovereignty:

From an analysis of Austin’s concept of legal sovereignty we find the following essential features:

1. In every state there must be one sovereign, who may be a person or a body of persons. The sovereign must be both definite and determinate. In other words, it should be clear to ascertain who is the sovereign. It may be a King, a dictator or the parliament. Without sovereignty the state loses its status of a state and degenerates into a dependency.

2. The authority of the sovereign is absolute, unlimited and indivisible. All the people inside the state must obey him and if there be anybody not loyal to him, he will be punished by the sovereign. Outside the state also the sovereign is supreme, because he is  not under the control of any other sovereign or foreign state.

3. Law is what the sovereign commands. Whatever the sovereign says becomes law. So the courts of law will respect only those laws as are made by the sovereign. There can be no limit to the law-making power of the sovereign. The individuals have no legal rights against the sovereign. The individuals, however, can enjoy some rights which are granted by the sovereign.

4. All laws are backed by the coercive power of the sovereign. It means that for the enforcement of law the sovereign will take recourse to force. If law is violated by anybody he will be punished by the sovereign.

Criticism of Legal Sovereignty:

The legal theory of sovereignty as propounded by Austin is subjected to searching criticism:

In the first place, Sir Henry Maine, who is the main antagonist of legal sovereignty, attacks the determinate and absolute nature of legal sovereignty. For Maine, the sovereign is neither determinate nor absolute. Maine cites the example of Ranjit Singh, an oriental despot who could not do anything or everything, he had in mind. Every sovereign must respect the public opinion, the legislature, the electorate and the religion and customs of the people.

In reply Austin said that what the electorate, the press and other bodies do they can do so because the sovereign permits them to do so. This eye-wash of Austin is not maintainable because if the sovereign goes against the public opinion or the wishes of the people that sovereign will be overthrow. This public opinion or the electorate is the political sovereign which stands behind the legal sovereign. So it is said that behind every legal sovereign there is one political sovereign.

In the second place, refuting the coercive aspect of law, Thomas Hill Green pointed out that law is obeyed not because it is backed by force but because of the willingness of the citizens. Such willingness is actuated by the common welfare of the community, not the fear for penalties. The sovereign receives habitual obedience from the bulk of the society not out of fear but because the law is meant for the promotion of the common welfare.

In the third place, the American philosophers like James Madison and Alexander Hamilton seriously contended that sovereignty cannot be indivisible because in a federation like the USA the sovereignty is shared by the federal union and the component units. But the supporters of legal sovereignty tried to meet this point on the ground that it is the governmental powers that are divided, not the sovereignty, which in the USA resides with the body that can amend the constitution.

In the fourth place, sovereignty is externally limited by the international laws and international organisations like the UNO. A resolution of the UNO cannot be disobeyed by the state and if it actually disobeys it will be punished.

In the fifth place, the sociologists are of the view that moral ethos, law of equity and good conscience are limitations on the sovereignty. Law is not the command of the sovereign but a code governing the behaviour of the sovereign. The sovereign is not above law, but under law. Again, the sovereign is under the constitution of the country, which is known as the supreme law of the land. If Austin’s sovereign is the parliament of India or the parliament of the USA, can these two parliaments go against the constitutions of the country? The answer is no.

Lastly, the pluralists are of the firm conviction that the sovereignty does not lie in a particular body but in multiple bodies like the King, the parliament, the provincial government, local self-government, families and various associations in the society. This is refuted by the Austinians on the argument that all these bodies are creations of the sovereign. If the sovereign wills, he can curb them. The Nazis in Germany and the Fascists in Italy curbed and destroyed all these bodies.

Conclusion:

The legal or classical theory of sovereignty, as laid down by John Austin, does not tell us the real concept of sovereignty. The King-in-Parliament, which is the classic example of the classical theory, is a seat of legal sovereignty in a particular point of time. Otherwise, it does not’ stand the test of reality. We may conclude with the words of R. M. MacIver- “Physical force is not the essence but only differentia or criterion of the state. Sovereignty belongs to the state because the performance of the purpose of the state demands it.”

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Essay # 4. Political Sovereignty:

The legal sovereignty is that body which makes the laws of the land. Thus the King-in-Parliament is the legal sovereign of England. But there is another sovereign behind the legal sovereignty. That sovereignty is called the political sovereignty. The electorate of the country is identifiable with the political sovereignty, because without the support of the electorate the legal sovereign cannot go ahead with its programme of legislation.

So Albert Venn Dicey rightly said:

“Behind the legal sovereign that the lawyer recognises there is another sovereign, to whom the legal sovereign must bow.”

That sovereign is called the political sovereign.

In a democracy the legal sovereign receives its authority from the electorate. As a matter of fact, the legislature makes laws on the wishes of the electorate. So the real sovereign is not the parliament but the voters. But the electorate is not the only consideration for legislation. There are some other factors like public opinion, press and several associations. So R. N. Gilchrist rightly maintained that the political sovereign is “the sum total of the influence in a state which lie behind the law.”

Criticism of Political Sovereignty on Political Theory:

The theory of political sovereignty is attacked on the following grounds:

First, the seat or composition of political sovereignty is rather shaky. The political sovereignty is said to be represented by the electorate. If so, the voters who are the political sovereign, will be incapable of any direct political action.

The voters in all countries do all their works through their representatives, because it is n
ot possible for all the voters to make the laws or enforce them. This will inevitably result in shedding powers by the voters and transferring these powers to some other set of persons. This runs contrary to the basic idea of sovereignty.

Secondly, the concept of the electorate being the political sovereign is seriously challenged by another school which thinks that the real political sovereign power resides with the people as a whole. This theory is called popular sovereignty.

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Essay # 5. Popular Sovereignty:

The concept of political sovereignty locates the seat of sovereignty in the electorate. The popular sovereignty shifts the seat of sovereignty to the people. This concept may be traced back to Julius Caesar who is said to have derived his authority from the populace of Rome.

In the medieval age this theory was nurtured by Marsiglio of Padua, George Buchanan and Francis Hotman. In the modern period this theory was espoused by the French philosopher Jean-Jacques Rousseau. The American celebrity Thomas Jefferson made use of this in the American Declaration of Independence when he announced that the governments derive their just powers from the consent of the governed.

Since then it is considered as the watchword of true democracy. Lord James Bryce is an important advocate of this concept. According to R. N. Gilchrist, popular sovereignty means the power of the masses as against any individual or classes. Popular sovereignty stands for universal adult franchise and control of the legislature by the representatives of the people. Thus popular sovereignty is identifiable with representative democracy.

Criticism of Popular Sovereignty:

It is difficult to precisely locate the popular sovereignty, because the term people is a very vague term. It refers to the whole unorganised mass of men and women of all ages. Such an unorganised people cannot take any political action. There must be some definite representatives of the people to discharge the political functions. Only in a small state the people as a whole can exercise the functions of a sovereign. So the concept of political sovereignty is unclear and unrealistic.

Value of the Theory of Popular Sovereignty:

The above criticism must not blind us with the idea that popular sovereignty has no value in a large state having indirect democracy. This theory has immense value.

First, we find the remnants of this theory in modern democratic states in the form of referendum, initiative and recall. These are the devices through which the people themselves exert their influence in the state.

Secondly, the theory tells us that the government exists for the good of the people, not for its own good. If the interest of the people is not preserved by the government, that government will be overthrown. The government must not act close up arbitrarily but must take into consideration the paramount interest of the people at large. For ensuring popular confidence there should be frequent elections and the government should be split up into local self-government.

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Essay # 6. Pluralist Theory of Sovereignty

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The pluralist theory of sovereignty is directly opposed to the legal theory of sovereignty. While the legal theory concentrates sovereignty in one unit, the pluralist theory splits it up among various units. So the former is called monistic theory and the latter is known as the pluralist theory.

According to the pluralists, the state is one of the associations of the society. The state is not co-terminus with the society. The state is not all-pervading. It deals only with the external conditions of the social order. It does not concern itself with the internal aspect.

The pluralists believe that each association is a real personality, independent of the state. Family and the church are some of the associations that existed long before the state. These associations had their own constitution, purpose and regulative institutions which cannot be interfered by the state.

Man is an associative animal and he expresses his corporate personality through the family, church, club, economic organisations, etc. For a man, these associations are more important than the state.

According to A. D. Lindsay: 

“The state is only one of the many associations and organisations which possess corporate personalities”.

If and to what extent the state can control these organisations are to be decided by the citizens.

So Lindsay rightly pointed out- “These associations attract deeper loyalties than the state and prove more effective agencies of social coordination.” For a man the state is necessary only to create external conditions by which he can elect his association and develop his personality. It is but natural that these associations are limitations on the state. So R. M. MacIver rightly observed- “Customs, religion, principles of morality and public opinion are a limitation upon the state.”

The pluralists do not subscribe to the view that laws are the commands of the state. The real nature of law is its sociological purpose of the society. These laws are definitely restraints on the state. The people obey law not because they are afraid of punishment but because laws are good for all, since they promote common welfare.

Harold J. Laski, who is an exponent of the pluralist theory, believed that the state cannot be said to be the sole unit of sovereignty. The true position is that there are numerous units of sovereignty, of which the state is one. He wanted that the whole concept of monistic sovereignty should be surrendered. The associative impulse of men generates the growth of several associations which are as much sovereign as the state.

According to J. N. Figgis:

“The state is agency of coordination and adjustment.”

Criticism:

There are scathing criticisms to which the pluralist theory of sovereignty is subjected:

First, the pluralist theory is one of anachronism because by equating the associations with the state it creates disorder in the society. In the absence of one authority there is bound to be chaos and finally anarchy.

Secondly, this theory overlooks the fact that the state is a unifying force.

Thirdly, there is want of clarity and uniformity among the pluralists about their exact nature of sovereignty.

Fourthly, the pluralist theory is rather a negative theory of sovereignty and does not tell anything positive. To quote Harold J. Laski- “It will be of lasting benefit to the world if the whole concept of absolute sovereignty is expunged from political science.”

The pluralists succeeded in negating the legal theory of sovereignty without giving anything new instead. So we are to conclude with the words of J. W. Garner- “Notwithstanding weakness of Austin’s theory of sovereignty as a concept of strict legal nature of sovereignty, his theory on the whole is clear and logical and much of the criticism directed against it has been founded on inapprehension and misconception.”

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Essay # 7. Titular and Actual Sovereign:

The titular sovereign and actual sovereign are two opposite terms. The titular or nominal sovereign is one who is sovereign only theoretically. But the real sovereignty is vested in a different body. The first is rather a rubber stamp and the second is the real man controlling the puppet from behind the scene. The best example of titular sovereign is the Queen of England. In effect, s
he has no power, though the administration of the country is carried on by the name of the Queen. Who is the real sovereign there? The parliament of England is the actual sovereign.

De Jure Sovereign and De Facto Sovereign:

In times of war or during the revolution some authority captures the power in the state and rules the country with the backing of the army. That authority has no legal right to hold on power. Thus during the French Revolution the Jacobins captured power and ruled over France.

The Jacobins had no right to rule over the country under the laws of the land. This type of emergency-born sovereign is called the de facto sovereign. When the de facto sovereign is successful in restoring law and order and victory in the war front, that sovereign may continue permanently and become de jure sovereign.

For example we may say that Field Marshal Ayub Khan overthrew the civilian government in Pakistan and established martial law in that country with himself as the President of Pakistan. But he was welcome by the people of Pakistan and so he continued in power. He began as the de facto sovereign but later on became the de jure sovereign.

Internal and External Sovereignty:

The state has both internal and external sovereignty. The former refers to the authority of the state over every individual and institutions within its boundary lines. This is a basic ingredient of sovereignty. But the state has also its external sovereignty which means its authority and command over its foreign policy, its relation with the other states and its place and position in the political bodies like the UNO, the Commonwealth of Nations, the South Asian Association of Regional Co-operations etc.

Thus the freedom exercised by the state in regulating its foreign policy is as elementary as independence of a state. It, however, does not mean occupying the land of other state. Iraq in 1991 occupied Kuwait. This was illegal. Iraq was corrected by the UNO. Finally Iraq had to pull out. Similarly, Russia occupied Afghanistan illegally. Ultimately, Afghanistan was freed.

Marxian Doctrine of Sovereignty:

Marxism looks at sovereignty through the prism of class-struggle and gives a peculiar concept of sovereignty. It thinks that sovereignty resides with the most dominant class in the society. It arose with the class struggle. There was no need for sovereignty in the primitive age because there was no class struggle at that time.

The class struggle arose with the pastoral age when the conception of sovereignty was invented to protect the possessing class, economic factor being the most vital point in the determination of where the sovereignty lay. Thus sovereignty began to change hands with the change in the class coming to occupy the cockpit of power. That power was economic power. Thus it went on from the slave master to the feudal barons, from the feudal barons to the capitalists.

The Glorious Revolution of 1688 and the French Revolution of 1789 shook the theory of absolute sovereignty and sovereignty was shifted to the bourgeoisie. Thus the bourgeoisie headed the sovereignty in the European countries since the seventeenth and eighteenth centuries.

The parliament of the European counties and the USA made laws to protect the interest of the bourgeoisie. With the Russian Revolution in 1917 and the Chinese Revolution of 1949 the sovereign element was taken from the bourgeoisie and transferred to the proletariat, who held on the economic power in those countries.

The Marxists do not accept that sovereignty in any country in Europe or the USA belongs to the people or even to the electorate as held by the priests of popular sovereignty. The Marxists also reject the idea of the believers of the pluralist sovereignty on the argument that in all these bourgeois systems the sovereignty is enjoyed by the parliament which is the institute of the bourgeoisie to upkeep its interest and exploiting the others who are the majority.

The minority rule is the order of the day for all systems until the on-coming of the dictatorship of the proletariat who are in the majority. The Marxists do not accept the theory as is commonly believed in the USA that the sovereignty belongs to the constitution which is above all. The Marxists sneered at the constitution calling it a document prepared by the bourgeoisie to protect their own interest and to rule over and oppress the other classes.

Criticism of Marxist Doctrine of Sovereignty:

The Marxist idea of sovereignty came under heavy fire in the hands of the critics.

The criticisms go on the following lines:

The first line of criticism is that the Marxists have failed to give a clear-cut picture of sovereignty. Instead they have thrown the sovereignty to be found out in the strait-jacket of the most dominant class in the society. It is vague and indefinite.

The second line of criticism is that nobody has heard that sovereignty was absent until the class struggle ensued. It-is-common knowledge that sovereignty began with the coming of the state. Sovereignty is linked with the state, not with the class.

The third line of criticism is that Marx would have us believe that with the death of the class struggle there will be end of sovereignty. It may sound acceptable that an umpire is necessary so long there are two teams playing cricket and after the game is over the umpire will also go. The state is neither cricket, nor the sovereign an umpire. Marx misconceived the entire concept of sovereignty. So we must conclude with the observation that Marx’s theory of sovereignty must be dismissed as false and misleading one.

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Here is an essay on ‘Liberalisation’ especially written for school and college students in Hindi language.

उदारीकरण का अर्थ व्यापार हेतु कानूनी प्रतिबन्धों  में ढील देते हुए आयात व निर्यात को आसान बनाने से होता है । उदारीकरण वह प्रक्रिया है जिसमें देश के शासनतन्त्र द्वारा अपनाए जा रहे लाइसेन्स, नियन्त्रण, कोटा, प्रशुल्क आदि प्रशासकीय अवरोधों को कम किया जाता है ताकि देश को आर्थिक विकास के मार्ग पर ले जाया जा सके ।

उदारीकरण की प्रक्रिया के अन्तर्गत मोटे तौर से निम्नांकित बातें शामिल हैं:

1. वर्षों से चली आ रही औद्योगिक लाइसेन्सिंग प्रणाली का अन्त करना (Dismantling of Industrial Licensing System),

2. आयात पर लगाए गए बाह्य प्रतिबन्धों को हटाना या कमी करना (Reduction on Physical Restrictions on Imports),

3. आयातों पर चुंगी अथवा ड्यूटी में कमी लाना (Reduction in Rate of Import Duties),

4. विदेशी विनिमय पर लगाए नियन्त्रणों में ढील देना (Reduction in  Controls on Foreign Exchange, both Current and Capital Account),

5. वित्तीय व्यवस्था में सुधार लाना (Reforms of Financial System),

6. व्यक्तिगत और निगमित कराधान की मात्रा में कमी लाना (Reduction in Levels of Personal and Corporate Taxation),

7. विदेशी निवेश पर प्रतिबन्धों में ढील देना (Reduction in Restrictions on Foreign Investments),

8. अभी तक जो क्षेत्र सार्वजनिक क्षेत्र के लिए रेखांकित थे (जैसे बैंकिंग, यातायात, बिजली, मूलभूत उद्योग आदि) उन्हें निजी क्षेत्र के लिए खोलना (Opening up of Areas Reserved for Public Sector),

9. सार्वजनिक क्षेत्र की इकाइयों का आंशिक निजीकरण (Partial Privatisation of Public Sector Units),

10. अर्थव्यवस्था के विभिन्न क्षेत्रों को प्रतिस्पर्द्धी बनाना (To Make Various Sectors of Economy Competitive on a Global Scale) ।

उदारीकरण के अन्तर्गत अर्थव्यवस्था पर बाह्य नियन्त्रण हटाए जाते हैं न कि विनियम (Regulations) । उदारीकरण का अर्थ गुप्त रूप से निर्णय लेना नहीं है, अपितु निर्णय प्रक्रिया में पारदर्शिता लाना है । उदारीकरण यह भी इंगित नहीं करता कि किसी देश की अर्थव्यवस्था को बहुराष्ट्रीय निगमों के लिए पूरा खोल दिया जाए ।

आज आर्थिक उदारीकरण और भूमण्डलीकरण की लहर विश्व के सभी भागों में कहीं तेज और कहीं मन्द रफ्तार से चल रही है । सामान्य तौर पर विश्व के अनेक भागों में आर्थिक उदारीकरण की लहर वर्ष 1980-81 से विश्व की प्रमुख मानी जाने वाली समाजवादी अर्थव्यवस्थाओं के भ्रमजाल के टूटने के फलस्वरूप प्रारम्भ हुई और सोवियत संघ सहित पूर्वी यूरोप और चीन जैसे साम्यवादी देश में आर्थिक सुधारों की प्रक्रिया तेजी से फूलती गई ।

भारत में भी आर्थिक सुधारों की प्रक्रिया 1980 के दशक में विशेष रूप से राजीव गांधी के प्रधानमन्त्री पद संभालने के बाद वर्ष 1985 से शुरू हुई । इन सुधारों को वर्ष 1991 में पी.वी. नरसिंह राव की सरकार ने सत्ता संभालने के बाद सुव्यवस्थित रूप प्रदान करने का प्रयास किया ।

इसे आर्थिक सुधारों की दूसरी लहर अथवा दूसरी पीढ़ी के सुधारों के नाम से सम्बोधित किया गया । उदारीकरण अथवा आर्थिक सुधारों के अन्तर्गत सार्वजनिक क्षेत्र को सीमित करके निजी क्षेत्र को बढ़ावा देने, उत्पादन प्रक्रिया में सुधार लाने, आधुनिक टेक्नोलॉजी को आत्मसात करने तथा उपलब्ध क्षमताओं का भरपूर प्रयोग करने हेतु लाइसेन्स प्रणाली को सरल बनाने के लिए कई महत्वपूर्ण उपायों को अमली जामा पहनाया गया ।

उदारीकरण के शिकार : मैक्सिको एवं दक्षिण-पूर्व एशिया के देश:

कृषि अर्थव्यवस्था से औद्योगिक अर्थव्यवस्था की ओर अग्रसर मैक्सिको ने संयुक्त राज्य अमेरिका, विश्व बैंक तथा अन्तर्राष्ट्रीय मुद्राकोष के परामर्श (दबाव) पर अपनी अर्थव्यवस्था के द्वार विदेशी निवेशकों के लिए मुक्तभाव से खोल दिए ।

वर्ष 1993 एवं 1994 में वहां अरबों डॉलर के विदेशी निवेश का अन्तरप्रवाह हुआ । आर्थिक सुधार एवं उदारीकरण के नाम पर दी गई विभिन्न छूटों का परिणाम यह हुआ कि मैक्सिको के पूंजी बाजार में बेतहाशा विदेशी पूंजी आई जिससे मुद्रा प्रसार की स्थिति
उत्पन्न हुई ।

दूसरी ओर निर्यातों में अपेक्षित वृद्धि न हो पाने तथा आयातों के बढ़ जाने से व्यापार खाते का घाटा बहुत अधिक बढ़ गया ओर भुगतान सन्तुलन काफी बड़ी सीमा तक प्रतिकूल हो गया । मुद्रा स्फीति की स्थिति से उबरने के लिए सरकार ने पीसो (मुद्रा) का अवमूल्यन कर दिया । उद्देश्य यही था कि इससे निर्यात बढ़ेंगे तथा आयात कम होंगे ।

इससे विदेशी पूंजी निवेशकों में हड़कम्प मच गया । सरकारी तौर पर तो मैक्सिन पीसो का 30 प्रतिशत ही अवमूल्यन किया गया परन्तु उसका मूल्य लगातार गिरता रहा और 6 जनवरी, 1995 को पीसो का मूल्य 19 दिसम्बर, 1994 के मुकाबले 59 प्रतिशत कम हो गया ।

मैक्सिको के मामले में महत्वपूर्ण यह नहीं है कि उसने उदारीकरण करके विदेशी निवेश को आकर्षित करने के लिए हर सम्भव प्रयास किए बल्कि महत्वपूर्ण यह है कि वर्ष 1993 में लगभग 3,610 अमरीकी डॉलर के बराबर प्रति व्यक्ति आय के साथ स्वयं को विकसित देश होने का दम्भ करने वाला देश मैक्सिको जिसने स्वयं को विकासशील देशों के समूह ‘जी-77’ से अलग करके विकसित देशों के समूह में शामिल हो जाने की घोषणा 1994 में की थी, को अचानक ही ऐसा क्या हो गया कि उसकी अर्थव्यवस्था 1995 में गहरे आर्थिक संकट में फंस गई ?

निवेशकों को करोड़ों डॉलर का घाटा हुआ और संयुक्त राज्य अमेरिका एवं अन्तर्राष्ट्रीय मुद्रा कोष को ऋण सहायता देने के लिए आगे आना पड़ा । अमरीका की मदद से मैक्सिको को उबारने का एक बड़ा अन्तर्राष्ट्रीय प्रयास चला और 1995 के मध्य तक उसे 50 अरब डॉलर से ज्यादा की रकम उपलब्ध कराई गई (जिसमें अमरीकी मदद 20 अरब डॉलर, अन्तर्राष्ट्रीय मुद्रा कोष का ऋण 7.8 अरब डॉलर और अन्तर्राष्ट्रीय निपटान बैंक के 10 अरब डॉलर के साख पत्र शामिल हैं) ।

इतनी बड़ी विदेशी मदद के बावजूद रोजगार और उत्पादन के मामले में मैक्सिको की अर्थव्यवस्था उबर नहीं पाई । 1990 के दशक के प्रारम्भिक वर्षों में पूर्वी एशियाई देश दक्षिण कोरिया ने विश्व बाजार में धमाकेदार अपनी उपस्थिति दर्ज की तथा वर्ष 1997 के उत्तरार्द्ध में स्वयं को ‘जी-77’ देशों के समूह से पृथक् करके अपने को विकसित देश घोषित कर दिया । दक्षिण कोरिया की गणना विश्व की ग्यारहवीं बड़ी अर्थव्यवस्था के रूप में की जाने लगी ।

वहीं दक्षिण कोरिया इस सीमा तक गहरे आर्थिक संकट में धंस गया कि वहां के राष्ट्रपति ने 23 दिसम्बर, 1997 को सरकार को असहाय बताते हुए यहां तक कह डाला कि वे यह नहीं बता सकते कि दक्षिण कोरिया आज दिवालिया हो जाएगा या कल ? स्थिति से उबरने के लिए दक्षिण कोरिया ने अन्तर्राष्ट्रीय मुद्राकोष से 60 अरब डॉलर की तत्काल सहायता दिए जाने की मांग की ।

इन्हीं दिनों दक्षिण एशिया के दो अन्य प्रमुख विकासशील देशों – इण्डोनेशिया तथा थाईलैण्ड में भी गम्भीर वित्तीय संकट उत्पन्न हुआ । इण्डोनेशिया रूपिया का विनिमय मूल्य अप्रैल, 1997 के अन्त में 2,460 रुपया प्रति अमरीकी डॉलर से लगभग 84 प्रतिशत गिरकर 22 जनवरी, 1998 को 15,000 रूपिया प्रति डॉलर के स्तर पर पहुंच गया ।

थाई बहत अप्रैल 97 के अन्त में 26.07 बहत प्रति डॉलर से 47.92 प्रतिशत नीचे गिरकर 14 जनवरी, 1998 को 50 बहत प्रति डॉलर रह गया । एक समय था जब जापानी उद्योगपति द्वितीय महायुद्ध के बाद कठिन मेहनत करके आर्थिक प्रगति के क्षेत्र में सारी दुनिया में छा गए थे ।

खासतौर से इलेक्ट्रोनिक के क्षेत्र में जापान का कोई मुकाबला नहीं था परन्तु 1990 के दशक में जापान में एकाएक घोर मंदी आ गई । अर्थव्यवस्था में एक तरह का ठहराव पैदा हो गया और आम जापानी की आर्थिक हालत बद से बदतर होती गई ।

कंपनियां दिवालिया होने लगीं । डाकामुनिहोरी ओर योशियाकी मुराकामी नामक दो बड़े उद्योगपति जिन्होंने आर्थिक उदारीकरण का लाभ उठाकर देश की विभिन्न कंपनियों में भरपूर निवेश किया था, अचानक दिवालिया हो गए । आर्थिक सुधार के रास्ते बहुत आगे बढ़ने से
जापान की यह हालत हुई ।

आर्थिक मंदी के दौर में जापान में राष्ट्रीय कर्ज जीडीपी की तुलना में 160 प्रतिशत से अधिक है और वह प्रतिवर्ष 6 प्रतिशत की दर से बढ़ता ही जा रहा है । जापान के कट्टरपंथी भी कह रहे हैं कि आज की तारीख में जापान में आर्थिक विकास मुश्किल से दो प्रतिशत हो रहा है ।

उदारीकरण के कर्ताधर्ताओं को यह विश्वास हो चला था कि विदेशी व्यापार, पूंजी निवेश, विदेशी विनिमय बाजार तथा पूंजी बाजार में पूरी तरह से मुक्त प्रवेश और बहिर्गमन की नीति अपनाकर अर्थव्यवस्था को ऊंची विकासदर की ओर ले जाया जा सकता है ।

लेकिन उपर्युक्त देशों में जो कुछ घटा है उससे कम-से-कम इन देशों के लोगों का उदारीकरण के प्रति मोह भंग हो ही गया है । नोबेल पुरस्कार से सम्मानित जेम्स होबिन के अनुसार, ”दक्षिण-पूर्व एशिया में घटी घटनाएं यह प्रश्न पैदा करती हैं कि क्या यह दावा वास्तव में सही है कि वित्तीय बाजारों का वैश्वीकरण या उदारीकरण सम्पन्नता एवं प्रगति का मार्ग है ?”

कई विशेषज्ञों ने मैक्सिको के संकट के आधार पर अर्थव्यवस्था के खुलेपन और वित्तीय पूंजी में वृद्धि को खतरनाक माना है । यह कहा गया है कि ज्यादा खुलापन हमें बाहर की बाजार की शक्तियों के आगे लाचार बना देगा और बड़े विदेशी निवेशकों का आधिपत्य कायम हो जाएगा ।

उदारीकरण के प्रभाव:

उदारीकरण के परिणामस्वरूप विकास की सपूर्ण रणनीति में भारी बदलाव आया है और तीसरी दुनिया के विकासशील देशों की अर्थव्यवस्थाओं पर इसके सकारात्मक और नकारात्मक प्रभाव दृष्टिगोचर होने लगे हैं:

i. यह उदारीकरण का ही परिणाम है कि आज तीसरी दुनिया के देशों के बाजार भांति-भांति की उपभोक्ता वस्तुओं से भरे पड़े हैं । विलायती वस्तुएं इन देशों के बाजारों में बिक्री के लिए मौजूद हैं । ग्राहक के लिए ‘विकल्प सुख’ का आलम यह है कि बाजार में आज टेलीविजन, रेफ्रिजरेटर एवं वाशिंग मशीन जैसे उपभोक्ता उत्पादों की सैकड़ों किस्में उपभोक्ता के लिए उपलब्ध हैं ।

इसके अतिरिक्त मोटरकार से लेकर साबुन तक विविध उपभोक्ता वस्तुओं की सैकड़ों किस्में बाजारों में अपने ग्राहक तलाश रही हैं । टीवी के चैनलों और सेल्युलर फोनों का जाल निरन्तर विस्तार पा रहा है । बाजार में व्यावसायिक प्रतिस्पर्द्धा इतनी तीव्र है कि उत्पादकों में ग्राहक को उसकी मनचाही चीज मनमाफिक दामों में उपलब्ध कराने की होड़ लगी है ।

ii. उदारीकरण सिर्फ सकारात्मक परिणाम ही लेकर आया हो, ऐसा नहीं है । आंकड़े गवाह हैं कि विगत वर्षों में तीसरी दुनिया के देशों में आर्थिक संकट तीव्र गति से गहराता जा रहा है । विगत दशक में दक्षिण-पूर्व एशिया के देश भयंकर आर्थिक संकट में फंस गए ।

विदेशी निवेश के बल पर बने ‘टाइगर’ अचानक बिल्लियां बन गए । हालत यह बनी कि इण्डोनेशिया के 239 बैंकों में से 70 की हालत नाजुक बन गई और 15 बैंकों को अन्तर्राष्ट्रीय मुद्रा कोष के दबाव में बन्द करना पड़ा । लगभग यही स्थिति दक्षिणी कोरिया की हुई ।

दक्षिण-पूर्व एशिया के देश अपनी मुद्रा में निरन्तर आ रही गिरावट को रोक पाने में असमर्थ रहे । जापान का सुदृढ़ येन निरन्तर गिरता रहा । जापान ने दक्षिण-पूर्व एशिया के देशों में भारी निवेश किया था । ये सभी देश चाहे मलेशिया हो, इण्डोनेशिया हो, सिंगापुर हो अथवा थाईलैण्ड हो सभी की अर्थव्यवस्था डगमगाने लगी ।

जिस गति से इन देशों में विदेशी निवेश हुआ उससे ये देश ऋणभार से दब गए । जब ऋण अदायगी का समय आया तब इनकी अर्थव्यवस्था का पर्दाफाश हो गया और सभी देशों को बाध्य होकर अन्तर्राष्ट्रीय मुद्रा कोष की शरण में जाना पड़ा ।

iii. भारत जैसे तीसरी दुनिया के देशों में कई घरेलू उद्योग जो उदारीकरण से पूर्व तक लाभ की स्थिति में थे, बहुराष्ट्रीय कम्पनियों के बाजारों में प्रवेश के बाद बुरी
तरह लड़खड़ाते प्रतीत हो रहे हैं । समूचा निर्माण क्षेत्र सस्ते मूल्य पर माल बेचने वाली विदेशी कम्पनियों के कब्जे में आता जा रहा है । उपलब्ध आंकड़ों के अनुसार देश के कपड़ा उद्योग में निवेश गिरकर आधा रह गया है । वहीं रसायन व सीमेण्ट उद्योग में भी गिरावट आई है ।

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After reading this article you will learn about the foundations of personnel system:- 1. Tenure System 2. Position Classification System 3. Spoils System 4. Merit System 5. Government Service as a Career.

1. Tenure System:

One of the most important problems of personnel organization is that of tenure by which civil servants will hold office. As at present there are three tenure systems, i.e., (i) Tenure at the will of appointing officer; (ii) Tenure for a fixed number of years; and (iii) Tenure during good behaviour or life tenure. The question is as to which of the three tenures shall be employed for civil servants.

Tenure at the will of appointing officer

Now so far as the tenure at the will of appointing officer is concerned it does not suit the administrative services. It is the system which is almost universally found in private undertak­ings where conditions differ radically from those obtaining in government undertakings.

In the former the proprietors or the managers are not the representatives of any outside interest but their whole interest is in having the work prosecuted with utmost economy and efficiency; while in the latter the managing heads are not directly interested in the financial results secured.

This system would cause severe hardship to the employees by unjust dismissals and also create insta­bility and inefficiency in administration. So that the officers might work with a high sense of independence and impartiality, it is essential that they must be guaranteed a permanent and sufficiently long tenure.

Tenure for a fixed term:

The second system, i.e., tenure for a fixed number of years suits only the offices of politi­cal nature, but does not suit the administrative class because short terms, say four, five or seven years, can neither provide capable persons nor provide any opportunity for specialisation and experience. “About the time officers and employees have thoroughly learned the duties of their positions and have acquired proficiency in their performance, they will drop out and their places will be taken by new and talented employees.”

Moreover, the system would make public office political ‘spoils’ to be appropriated by the party victorious at the polls as it happens in America. Many of the officers and employees in USA are appointed by the party victorious at the polls for four years’ term as corresponding with the term of office of the President with the result that every change in American Presidency brings a change in such committed officials and employ­ees.

Thus the third system, i.e., Tenure during good behaviour should be applied to the admin­istrative services. This system will secure efficiency in administration by making the office per­manent and continuous. It makes government service a permanent career, a profession which capable men would choose.

2. Position-Classification:

Among the various problems of personnel organization none exceeds in importance than that of effecting a systematic classification of all employees. Such a classification constitutes, indeed, the basis of the whole personnel structure. Without it, it is not possible to meet satisfac­torily the many problems to which personnel administration gives rise.

Definition of position:

The basic unit of an administrative organization is ‘position’ which is different from its incumbent. The duties and responsibilities of a post are attached with the ‘position’ and not with its occupant. Civil servants fit themselves in the ‘positions’, ‘positions’ do not fit themselves to the calibre of civil servants.

What is Classification?

Classification means grouping together of persons or things on some common basis. In public administration, it means grouping together of posts into various classes on the basis of their respective duties and responsibilities. According to Prof. Milton M. Mandell, “by classifi­cation is meant the grouping of positions on the basis of similarity of duties and qualifications requirements,”

Marshall E. Dimock defines it “as the systematic sorting and ranking of posi­tions in a hierarchical sequence according to comparative difficulty and responsibility. Dr. White defines classification thus, “In its final form, a classification plan consists of a number of classes adequate to enable a place to be found for each existing position, arranged in orderly fashion with respect to each other, and supplemented by a set of rules and regulations for its administration, interpretation and amendment.”

The Committee on Position-classification in Public Service appointed by the Civil Service Assembly of the United States and Canada in 1945 defined the term thus:

“Reduced to its simplest terms, classification of positions means the process of finding out, by obtaining the facts and analysing them, what different kinds of ‘classes’ of positions, calling for different treatment in personnel processes, there are in the services; it further includes making a systematic record of the classes found and of the particular positions found to be of each class.

In a paper entitled “The Classification and Standardization Move­ment in the Public Service,” Mr. Fred Telford, Director of the Bureau of Public Personnel Administration, U.S., stated the requirements of classification system as follows:

(i) The collection of detailed facts with regard to the duties attached to each individual position, with regard to its place in the organization unit in which it occurs, and with regard to the functions, organization and administrative procedure of organization units.

(u) On basis of this information, a grouping of individual positions into classes.

(iii) A written definition or description for each class of positions setting forth definitely the duties attached to the positions to be included in the class.

(iv) A written statement of the minimum qualifications which an individual must possess in order to perform the duties of the position successfully.

(v) A title for each class of position suggestive as far as possible of the duties attached to the positions in the organization unit in which they occur.

(vi) On the basis of the class definitions and definite knowledge of the duties attached to each position, the allocation to the proper class of every position classified.

(vii) The lines of promotion, showing the lower classes of positions from which recruiting is normally done and the higher classes of positions to which employees are normally advanced when vacancies occur.

(viii) The compensation schedules for each class giving maximum, minimum, and interme­diate rates to be paid to employees holding positions in the class.

(ix) To make the whole plan easily comprehensible.

Different categories of classification:

There are three principal categories of classification—the service, the class and the grade. The service is the first and the broadest category of classification, the class is the sub-division of service and the sub-division of class is grade. In India the IAS, the IFS; Secretariat Service are examples of services. Within these services there may be classes as senior, junior or as I, II, III, etc., and within a given class there may be several grades of pay.

Method of classification:

In making classification of position, the agency has to take into account a number of considerations which are (i) field of work, subject-matter or activity of a position; (ii) the kind and degree of supervision from above to which it is subject; (iii) the
kind and degree of super­vision flowing from the post downward; (iv) responsibility other than supervisory; if any; (v) the difficulty or simplicity or complexity of work; and (vi) qualifications required for the post.

In India the services of the Government of India are classified into All-India Services and Central Services. All-India Services include the Indian Administrative Service, the Indian For­eign Service, the Indian Police Service, etc. The Central Services are sub-divided into classes, I, II, III and IV. There is also a separate Central Secretariat Service divided into classes, I, II, III and IV.

Advantages of Classification:

Its advantages may be briefly stated as follows:

The first great advantage of classification is that it systematizes and simplifies personnel administration. With classification the various posts, which run into hundreds of thousands are fitted into a dozen classes or so. If these posts are not classified and the government deals with each post singly, the burden of personnel administration would be intolerable.

Second classification facilitates the problem of personnel recruitment. It makes it possible for the operating service to determine definitely its personnel needs and inform the recruiting agency accordingly. Recruiting agency prescribes the same kind of tests for the employees of a particular class and prepares a list of ‘eligibles’ out of which the departments make appoint­ments.

Third classification acts as a safeguard against arbitrariness and favouritism in the fixation of pay scales for particular classes. It ensures equal pay for equal work. The salary does not depend on the arbitrary will of the official. A direct relation between salary and work done is established.

Fourth it makes possible the establishment and operation of a promotion system that will at once do justice and tend to bring about advancement according to merit. Promotion is made from a lower position to a higher one within the same class. The official can know in advance what to expect by way of preferment in due course. If there had been no classes and no fixed lines of promotion, anybody from anywhere could be brought to fill up higher vacancies any­where. The result would be discontentment and loss of morale.

Fifth classification facilitates budget making “by enabling those having the duty of framing and acting upon the budget to scrutinize with intelligence estimates for personnel and to confine their attention to the number of employees in each class required without having at the same time to pass upon the difficult question of compensation that should be provided for.

Lastly, classification fosters the growth of corporate consciousness, esprit de corps, pride, self-respect and morale within each class.

Prof. Marshall E. Dimock summarises the uses of this system in these words:

“Based on the principle of equal pay for work, position-classification is designed to eliminate the injustice of different rates of compensation for the same work in different agencies of the government. It also provides a basis for determining recruitment procedures, examinations, salary schedules and promotions and hence has come to occupy a central position in personnel administra­tion.”

Classification advances the interests of the employees, the management, the legislative body and the tax payers. Writing about the advantages of classification Herman Finer observes: “The experience of all countries shows how necessary is such a classification. Without catego­ries there is no calculation, no comparison, no relative assessments and evaluation, and in a popular governed state, particularly where publicity and government by political amateurs ne­cessitates easily grasped facts and figures, control ceases where categories end….The least amount of evil in State service is produced by the best classification.

Disadvantages:

There is only one objection to classification, namely, that it produces class-consciousness among the services. The higher classes develop a type of superiority complex and the lower classes suffer from inferiority complex. This danger is already clearly visible in our public services. A sort of ‘administrative casteism’ has swept our administration, thus upsetting harmo­nious relations between the higher and the lower classes in the services. But this is a defect which is inherent in hierarchical organization and is unavoidable in administration. However, it can be minimised by providing a proper system of promotion from lower classes to the higher.

If classification is to be effective, it is necessary that it should be reviewed from time to time. Positions change their nature and character with every change in the functions of an organizational unit. Therefore, classification must keep pace with the changes in day-to-day administration.

3. Spoils System:

In order to have personnel system based on sound principles, it is necessary that it should be based upon merit system. The earlier substitutes for the merit system were three—sale of offices, the patronage system and the spoils system.

Writing about the history of French Person­nel System, Prof Herman Finer observes, “In France until revolution, almost every office, central or local, excepting the dozen or so highest offices in the kingdom, were attainable only by private purchase, gift or inheritance. All public offices were a species of private property, and a voluminous jurisprudence governed their transmission.”

It may seem odd today to sell public offices to the highest bidder, but it was defended in France in those days on the ground that it brought revenues to the State, enabled the common man to acquire posts and took the public offices out of court favouritism and politics.

The patronage system prevailed in England and most of the other countries. Under it the appointing authority selected the candidates on the basis of personal favour or political grounds. The spoils system prevailed in U.S.A. which was its ancestral home.

It means that public office constitutes a spoils to be enjoyed by the political party victorious at the polls. When a new party came into power it dismissed all the employees appointed by its predecessor and filled the vacancies with its own favorites. This system is also designated as “Hiring and Firing” of public officials and employees.

However, in U.S.A. the system suffered an eclipse when President Garfield was assassinated by a disgruntled employee who was removed by him from the office. To save the future presidents from such ghastly tragedies Pendleton Act was passed by the Congress in 1883. The Act gave the civil service permanency of tenure and its present character. The spoils system to some extent does persist even now.

When President Eisenhower assumed the reins of government he removed several officers from office. Many of the posts are still immune from the operation of civil service regulations. Appointments to these posts are made by the Chief Executive without consulting the Civil Service Commission. These are the spoils to be doled out by the President elect from the patronage basket.

In India, some temporary or provisional appointments are made without consuming the Public Service Commission. Thus the political party in power is in a position to appoint certain employees of its choice without consulting an expert body.

People appointed on ad hoc basis gain experience and ultimately on the basis of long experience, get selected through the Pubic Service Commissions at a later stage. This amounts to resorting to nasty practice the spoils system in indirect way.

Why Spoils System was in Vogue in U.S.A. ?

1. Americans’ faith in democratic principle induced them to opt for such a system. They advocate equality of rights and opportunities. As such “no man
has any more right to official station than another.” The simplicity of their administration during 18th century was also re­sponsible for upholding such a view.

President Jackson remarked in 1821, “Duties of all public officers are so plain and simple that men of intelligence may readily qualify themselves for their performance.”

2. Personal motive also played predominant part for opting for such a system. Dr. Finer correctly remarked, “Spontaneous friendliness, conviviality and generosity produced and pro­duce spoils.” The Chief Executive is in a position to get assistance of a band of loyalists chosen by him on the basis of their personal qualifications.

3. The system is consistent with the system of party government.

The policy envisaged by a party can be properly implemented by officials appointed by the party boss, President Jefferson at the time of assuming office remarked, “If the will of the nation manifested by these various elections calls for an administration of government according with the opinions of those elected…. the removal or replacement of officials is a painful office but it is made my duty and I must meet it as such.”

Besides in a party government system, nepotism is an effective device of rewarding the party henchmen.

4. The theory of rotation of office also favours the system. This theory is considered as an effective means of stopping government from becoming a caste alien to the people, a means of maintaining the responsibility of officials to the people.”

Defects of Spoils System:

First, the ‘spoils system’ is a bane on efficient administration. Beautifully summing up its evils Dr. Herman Finer said, “Sheer inefficiency was the first result, an increase in public costs second; the creation of a class of office seekers third; political corruption, the fourth; a standing battle between the President and Senate for the control of appointments and removals a fifth; and a terrible waste of time and labour on the part of the President and heads of departments, coupled with the real pain of refusal of applications for office, the sixth.”

He concludes that “Never had a state been so debauched” George William Curtis observes, “Parti­san prostitution of the public service is radical treachery to popular government because it makes private interest and not the public welfare the motive of political action….It is one of the chief evils of the Spoils System that reckless abuse of patronage, the most lavish and acknowledged corruption, have made party despotism so absolute that the conscience and intelligence of the country are largely enslaved by unprincipled ignorance and insolent cunning.”

Second, the far reaching effect of this system is upon the political life of the country. It causes a profound degradation into the life of politicians and “tends to place the contest of political parties on a materialistic plane of struggle for selfish advantage rather than one for the achievement of ends looking to public welfare.” The spirit of public service is damped and its place is taken by selfish interest and political chicanery.

Third, the employees make an illegitimate use of their offices to promote the welfare of their political parties or that of political chieftains to whom they are indebted for their appoint­ment. National interests are thus completely ignored.

Fourth, anything like a development of a true esprit de corps and desire to excel is impos­sible as the further promotion of employees depends on the political influence that they can exert.

Fifth, frequent replacement of high administrative officials is detrimental to the keeping of continuity of experience which is so very essential for efficient administration.

It is on account of these evils that the system is being abandoned even in its home country. It is being increasingly realized that the perpetuation of this system brings politics and administration to the lowest ebb, and consequently makes the administrators face public ridicule.

4. Merit System:

Merit system implies a system in which the appointment and conditions of service of an employee are determined solely at his own intrinsic merit—which includes his educational and technical quali­fications, personal capacities and physical fitness. Under this system, recruitment is made through open competitive examination held by a general personnel agency.

No distinction is made be­tween citizens on the basis of any party affiliation. Civil servants remain neutral in politics and promotions take place strictly on the basis of merit. This system has, in fact, gained great popularity. In various democracies, civil service rules have been framed to apply the merit system to the selection and recruitment of public services.

The following conditions are generally laid down by the modern civil service regulations:

(a) Employees should neither be appointed nor removed on political considerations.

(b) Employees should not be forced to contribute money or services to party organisation

(c) An independent and impartial Civil Service Commission should be set up to exercise control over civil services regarding their recruitment, promotion and other disciplinary matters.

(d) The civil service positions be filled on the basis of written examinations or other tests.

(e) A special procedure may be adopted for protecting the employees against removal on political considerations.

Advantages of Merit System:

Merit system is obviously superior to the spoils system. First, it brings out public admin­istration from the morass of political intrigues and personal caprices and accords it a place on scientific lines. This effects efficiency in administration and purifies political life.

In the words of Willoughby, “It means a purification of political life, the doing of justice between citizens in respect to their advancement, the endorsement of the principles of permanency of tenure, and that of making the government services offer permanent careers to their employees, and it removes the temptation from government employees to misuse the powers of their offices for partisan and personal ends.”

Second, right man is put at the right place and full justice is done by providing equal opportunities to all the citizens to compete for any office of the State. Thus merit system gives practical effect to the democratic principle of the “equality of opportunity and equality of treat­ment for all.”

Third, it frees the employees from the economic worries. The adoption of equitable rates of remuneration and proper retirement benefits relieve them of economic worries. Thus they are in a position to serve wholeheartedly any political party that comes in power.

Fourth, neutrality in politics is the sine qua non of efficient administration. That is pos­sible only if merit system is adopted.

Fifth, they will not have the temptation of making hay while the sun shines, as they are permanently in power and a certain age is fixed for the retirement. They are not in job on temporary basis which may tempt them to procure maximum gains.

Though merit system has been widely adopted in the world still it would be too much to say that patronage and spoils system have completely disappeared or the merit system has been universally adopted. In U.S.A. it is estimated that the number of posts excluded from the merit system is still sizable 50,000 to 100,000. In our country political appointments, i.e., appoint­ments to the posts of ministers, parliamentary secretaries, chief commissioners, governors, am­bassadors, etc., are outside the purview of merit system.

Under Article 320 of the Indian Con­stitution the President and the Governors are empowered to exclude by regulation from the purview of the Public Service Commission’s of their respective jurisdictions such posts as they think necessary. Likewise ad hoc appointment
s are made by the heads of the Departments. This seriously impairs the Merit System.

Disadvantages of Merit System:

Despite the fact that merit system has been universally acclaimed as a better alternative to Spoils System.

Still it too has its pitfalls:

Since powers of appointment are concentrated in the hands of Civil Service Commissions, the principle of responsibility stands undermined. Hence there is a reaction against it. Ac­cording to Pfiffner, “to-day, a theory of personnel has appeared which believes that the cardinal objective of personnel management is the positive motivation of people to become competent loyal and happy members of a production team.”

It is being seriously considered by this school that “workers must be motivated towards effective performance by their own programme leaders and supervisors.” This should not be taken to mean that the appointing officers should have authority to ‘hire and fire’.

It simply means that directing personnel should exercise control over their subordinate staff and there should be internal checks like service ratings over the authority of officers.

Secondly, it is felt that loyalists may not be recruited and there may be occasional con­flicts between the political heads and the permanent services. However, this flaw can be easily removed if a proper balance is maintained between responsibility and efficiency.

The services are supposed to be loyal to the people rather than the party leaders. If they serve the former well the latter should not ordinarily interfere in their affairs or unduly harass them. The end before administrator is the welfare of the people and not pampering the political leaders.

Then flaws of merit system are not so glaring as those of the spoils system. Hence there is a tendency to adjust the personnel system more and more fully to the requirements of the merit principle.

Even the Civil Service Associations and Social Reformers have strongly advocated the merit principle and vehemently opposed the patronage system which results from spoils system. It appears that a time is fast approaching when spoils man would no more ride.

5. Government Service as a Career:

Another important foundation of personnel administration is the extent to which government service can be presented as life career. In December 1933 the U.S. Social Science Research Council appointed a commission of enquiry on public services which described the concept of a Government ‘Career Service’ in these words “We…recommend that the day-to­day administrative work of government be definitely made a career service.

By this we mean that steps shall be taken to make public employment a worthwhile life work, with entrance to the service open and attractive to young men and women of capacity and character, and with opportunity of advancement through service and growth to posts of distinction and honour.

The Commission defined a career as “an honorable occupation which one normally takes up in youth with the expectation of advancement and pursues until retirement.”

Willoughby defined career system as “a system that offers equal opportunities to all citizens to enter government service, equal pay to all employees doing work requiring the same degree of intelligence and capacity, equal opportunities for advancement, equally favourable work conditions and equal participation in retirement allowances and makes equal work demands upon the employees.”

According to Prof Milton M. Mendel, it is a system “predicated on recruiting young men and women with capacity for learning and growth, training them in order to develop and utilize their aptitudes, and offering them opportunities for advancement in responsibility and remuneration.”

The purpose of career service is to attract young men and women of talent and ambition in the government service. Such opportunities of promotion and advancement should be provided so that people may select government job as a permanent career.

Essentials of Government Service Career System:

To establish government service as career the following essentials are to be observed:

(i) There should be security and permanence of job. Permanence of tenure of office is the sine qua non of this system. Many people want to enter government service because it provides security of job.

(ii) There should be equal opportunity for all the citizens to compete for government service. No such special privileges should be conferred on any particular section of population as may check the best talents from entering into government service.

(iii) There should be equal pay for equal work.

(iv) Full freedom and opportunity of advancement should be provided. Promotion should be on merit and not on personal considerations. The road of progress from lower to higher positions should be kept open and not closed.

The advantages of career system are immense. It gives to the State a class of employees who are competent, loyal and contented members of the service. In the words of Prof. Milton M. Mandel, “the advantages are team work and continuity in administration and an effective way of attracting the ablest candidates to the public service?

The employee gets security of service and adequate opportunities for promotion. It pro­vides him freedom from fear of want during his service period as well as after retirement. To the citizen, the system ensures equality of opportunity.

It need not be emphasized that all classes of employees including specialists like medical men, engineers, chemists, accountants, statisticians, etc., should be provided with opportunity for advancement and promotion. Career service is the only effective way of attracting the best and talented men to public service.

No doubt in India the government can get the best talented persons for its services without making them career service due to high unemployment. The conditions of employment are so worse in India that a well educated person is ready to serve at a quite ordinary post carrying a very low grade of pay. It does not mean that the government should exploit the talents but it should provide suitable jobs for all.

It may, however, be said that too dogged an attachment to the career service system may sometimes prove detrimental to the interests of the State. Hence Prof Mandel is of the view that “an occasional injection of employees from outside the service in higher grade position can be justified.

He further maintained that, “new techniques in technical and professional services require new employees both on a temporary and permanent basis to provide leadership in the use of techniques. Also the stimulus to competition from outside an organisation if limited in its application so as to preserve the career idea, is a useful incentive to employees to keep abreast of the developments in their fields.”

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This article will help you to learn about the relationship between the Zila Parishad and Panchayat Samiti. 

The Panchayat Samiti is organically linked with the Zila Parishad. The Pradhan of the Samiti sits as a member in the Parishad’s meetings and participates in the election of Pramukh. If the political composition of both the organs is not homogeneous, the problems of co-ordination are conspicuous by their absence.

The Panchayat Samiti sends its budget to the Zila Parishad which possesses only advisory jurisdiction except in U.P. and Maharashtra where it possesses mandatory powers. The Panchayat Samiti banks upon Zila Parishad for the distribution of matching or adhoc grants.

The Zila Parishad possesses the power of supervising the activities of the Panchayat Samiti. It can ask for the latter’s records and seek any information it deems essential. It even advises the State Gov­ernment regarding the development work in the district and can exercise influence on the opin­ion of the latter about the work of the Panchayat Samiti.

The Zila Parishad can institute an Establishment Committee or Selection Board, which regulates the mode of temporary appointments or appointments by promotion or transfer and renders advice to the Panchayat Samitis on all disciplinary matters concerning the employees employed in Panchayat Samiti and Zila Parishad Services.

Besides the supervisory powers, the Zila Parishad can exhort the district technicians to respond to the needs of the Samitis and effect coordination in their activities through the Collec­tor or Chief Administrator.

It may, however, be said at the end, that unless large amounts of ad hoc grants are ex­tended through the Zila Parishad and district technicians are effectively subordinated under it, it cannot force the Panchayat Samiti to observe its own notions of propriety.

If, however, the Parishad is held in confidence by the State Government, it can exert indirect pressure but its utility chiefly lies in its being a “forum for the exchange of views and experiences, operational coordination, expression of grievances and learning from the experiences of elderly statesmen.”

Possibility of tension between Zila Parishad and Panchayat Samiti cannot be ruled out if both are dominated by leaders of different parties embracing contrary views. However, on ac­count of expectations of procuring grants which are to be distributed amongst the Samitis through the Parishad, the Samitis cannot displease the latter.

The Parishad’s assistance in mobilizing technical support at district level and solving administrative difficulties through the Collector or Commissioner can also prove substantial allurement for the Samitis to abide by the directions of the Parishad.

Likewise, the Parishads have to depend upon the Samitis for the execution of development projects within the district. Hence a strong bond of interdependence automatically helps in resolving their differences and relieving the tension between the Parishads and the Samitis.

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Here is an essay on ‘Delegated Legislation’ for class 9, 10, 11 and 12. Find paragraphs, long and short essays on ‘Delegated Legislation’ especially written for school and college students.

Essay on Delegated Legislation

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Essay Contents:

1. Essay on the Meaning of Delegated Legislation
2. Essay on the Causes of Growth of Delegated Legislation
3. Essay on the Universality of Delegated Legislation
4. Essay on the Advantages of Delegated Legislation
5. Essay on the Disadvantages of Delegated Legislation
6. Essay on the Safeguards in Delegated Legislation

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Essay # 1. Meaning of Delegated Legislation:

Delegated legislation refers to the law making power vested with the executive by the legislature itself. This term is known as Executive Legislation. Since the law-making power given to the Executive is not its original power, it is called subordinate legislation. It is deemed void if it violates the parent Act or transgresses its power. Donoughmore Committee thus defined the Delegated Legislation.

“The word legislation has grammatically two meanings—the operation or function of legislation; and the laws which result there from. So too delegated legislation may mean either exercise by a subordinate authority, such as a Minister, of the legislative power delegated to him by the Parliament, or the subsidiary laws themselves passed by Ministers in the shape of departmental regulations and other statutory rules and orders.”

During the last one decade or two, there has fast developed a tendency, on the part of the Legislature, of delegating their law-making function to the Executive.

Though passing of laws is the responsibility of the legislature and not of the Executive yet due to significant social, political and economic changes, the legislature has found itself obliged to delegate quite a bulk of its legislative power to the administrative authorities.

The executive makes use of this power through the issue of rules. Since the rules so made by the Executive have the force of laws and are enforceable by the courts of laws, this rule making power is termed as Delegated Legislation, Executive Legislation or Subordinate Legislation.

Thus we may conclude that delegated legislation means the exercise by a subordinate authority such as a Minister of the legislative power delegated to him by the Parliament. Parliament passes the Bill in general terms and delegates the authority of rule-making under the Act to the Minister concerned.

Since this authority of rule-making is in pursuance of statutory authority and not an original power of the Executive in its own right delegated legislation is subservient to the statute under which it is made. If the rule is not consistent with the statute, it is null and void.

The term delegated legislation is used in two senses:

(a) It refers to the powers delegated to the executive to make rules,

(b) It means the output of the exercise of that power, viz., rules, regulations, orders, etc.

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Essay # 2. Causes of Growth of Delegated Legislation:

The delegated legislation has become almost a universal phenomenon. In the U.K. and the U.S.A. in particular it has gained momentum despite the fact that sovereignty of parliament prevails in Britain and separation of powers is the cardinal feature of the American Constitution.

It may however be emphasized that the growth of delegated legislation is not due to the fact that the democratic urge among the Britishers and the Americans has got chilled. It is owing to certain important factors which have contributed a great deal towards this development.

They are as follows:

(a) Impact of Science and Technology:

Due to the impact of science and technology the functions of the modern state have got multiplied to such an extent that it is virtually controlling the management of the life of the community as a whole. Evidently, this has led to the growth of powers of the modern legislature to an extent that they cannot cope with it.

They are thus compelled to delegate some of their powers to the Executive. The pressure of work and lack of time induce the legislature to delegate legislative authority to the Executive.

(b) Average Legislator—A Layman:

The average legislator is a layman. He is not competent to deal with matters complex and complicated. Hence, he lays down only general principles and leaves the technical details to be filled up by the departmental heads.

For example, the Parliament may place restrictions on the sale of poisonous substances but may leave the compilation of poisonous substances to the experts in the Medical and Health Department.

(c) Need to Secure Flexibility:

Law may require amendments, or modifications with the change of times. Parliament is not always in session. Hence, it cannot adapt the law to the changing conditions. Delegation of this power to the executive enables it to make alterations in the law whenever deemed essential.

(d) To Provide for Unforeseen Contingencies:

Emergencies like war, famine, pestilence, economic crisis require prompt action. It is not desirable to wait for the session of the parliament to meet such eventualities. Hence such a power need be vested with the Executive which is always prepared to take action.

Carr has correctly remarked, “It is during global wars that governmental regulation becomes most intrusive. This is natural enough, lo secure survival from these uncomfortable experiences, legislative power must be delegated in the widest terms to meet unforeseeable as well as patent danger…”

(e) Legislature Cannot Foresee:

It is not possible for the legislature to foresee and include in the law all the contingencies which may arise in case of large and complex matters. Hence they are left to the departments to be regulated as and when the opportunity arises.

(f) Affected Interests Better Consulted:

Administrative agencies can make better consultation with the interests affected than the legislature which cannot conveniently arrange for such consultations. In the words of White, “The drafting of the rule may and often does permit conference between the government and the parties at interest and consequently a broad agreement which leads towards voluntary compliance.”

(g) New Standards to be Set Up:

Growth of delegated legislation can also be attributed to the need of setting up of new standards in the social interest. This is to ensure the national minimum of health, education, housing, and sanitation to everybody that expert and experienced knowledge is required.

For instance, the question whether a local authority is justified in restricting traffic in excess of a certain weight from crossing a particular bridge is an engineering problem which can hardly be solved by the law of the legislature. A right decision on such questions necessitates the application of rules which only engineers of long experience can comprehend.

(h) Administrator Better Aware of the Requirements of the Situation:

The Administrator is better aware of the requirements of the situation than a lay
parliamentarian. He can therefore draft rules in the light of what is administratively feasible. Laws passed by the Legislature are not necessarily concerned with the administrative feasibility of rules.

Hence, many a time they seem unworkable and the Administrator finds himself in a dilemma. In order to cope with such a situation, he may enforce the laws in a way as to defeat its very purpose. According to Amery, “Much of our social and economic legislation covers so vast and detailed a field that no statute howsoever cumbrous—could possibly provide for all contingencies.”

(i) Rules to be Lenient in the Initial Stages:

Government is entering into new spheres especially of trade and commerce. As such it must elicit the co-operation of a large section of the people. Such co-operation is mutual. The rules of the Government must also be lenient and innocuous.

If people get adjusted to the new situation, Government rules may be stiffened. The Administrative rule making procedure alone can permit hardening of the rules after passage of some time.

(j) Proper Drafting of Rules:

Since rule-making is done in keeping with the circumstances, drafting of rules is apt to be more perfect than the legislation through the parliament. Hence it is preferred.

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Essay # 3. Universality of Delegated Legislation:

The delegated legislation has become almost a universal phenomenon. In U.K., for instance, there were 675 pages devoted to parliamentary enactments in 1952 though in the same year, 3980 pages had been utilized for statutory instruments-the generic term for delegated legislation.

In India too, due to rapid expansion of governmental activities delegated legislation is on the increase. Even in the U.S.A. whose constitution is based on the theory of separation of powers delegated legislation is gradually on the ascendance.

Even the Supreme Court of U.S.A. upheld ‘delegated legislation’ in the famous Hampton Co. versus U.S. (1928) case. It stated, ” If Congress shall lay down by legislative act an intelligible principle to which the person or body authorised to fix such rates is directed to conform such legislative action is not a forbidden delegation of “legislative power.”

Thus it is evident, that delegated legislative power is permitted in the U.S.A. though within certain limits. Dr. White has stated that the published rules and regulations cover about eight or ten times as many pages as the Acts passed by Congress.

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Essay # 4. Advantages of Delegated Legislation:

Its popularity can be safely attributed to its striking advantages which are as follows:

(a) Time of Parliament Saved:

Delegated legislation enables the parliament to save its time. As already said, the activities of the Government have got multiplied. The volume of legislation has thus become manifold. The legislature has neither the time nor the capacity to make laws.

Hence, it delegates some of its law-making powers to the Executive, freeing itself from the burden of details. Time, thus saved, can be more fruitfully utilized by the legislature on important issues of policy.

(b) Flexibility of Rules:

It is conducive to flexibility. Laws passed by the legislatures are comparatively rigid. Rigorous procedures of amendment may have to be resorted to, to effect amendments in certain laws. Otherwise too, repealing, rescinding or amending an ordinary law necessitates following up of a certain specific procedure, sometimes making prompt adaptability to changing circumstance a bit difficult. James Hart has correctly remarked,

“If a legislative rule is both specific and unworkable, the administrator is in dilemma. He must either try to work the unworkable and thereby invite litigation and defeat of the real purpose of the statute or he must evade or ignore the letter of the law.”

Administrative rule, on the other hand, is easily changeable in response to fast changing needs, without a formal amendment of the Act. Such an adaptability is particularly desirable in the fields that are experiencing rapid changes due to quick, scientific and technological advances.

(c) Interests Affected Consulted:

Delegated legislation makes prior consultation with the affected interests possible. Such a consultation will make legislation more effective. In the words of White, “The drafting of the rule may and often does permit conference between the government and the parties at interest and consequently a broad agreement which tends towards voluntary compliance.”

(d) Expert Knowledge Utilized:

Parliament is composed of laymen who may be able to lay down broad principles and objectives but are certainly not competent to determine the minor details. The details should be worked out by the experts. Delegated legislation helps in making use of the expert knowledge and working out details on correct lines.

(e) Experimentation in New Fields Possible:

Making of experiments in such fields as Town Planning is possible through delegated legislation. Dr. White has rightly remarked, “In entering new fields the first administrative rules may be relatively innocuous with gradual stiffening until the full intent of the statute is achieved. Meanwhile the interest to be regulated is adjusting itself and the mixture of persuasion with command may produce better results than immediate insistence on all requirements.”

Even Donoughmore Committee stated that the delegated legislation, “permits of experiment being made and thus affords an opportunity, otherwise difficult to ensure, of utilizing the lessons of experience. The advantage of this in matters, for instance, like town-planning, is too obvious to require detailed emphasis.”

(f) Unforeseen Contingencies Adequately Met:

Parliament is not omniscient. It can hardly foresee all sorts of contingencies which may arise, if a particular scheme is to be implemented. Hence the administrative officials must be equipped with discretionary powers to deal with such type of situations, by issuing rules and regulations.

(g) Avoidance of Litigation:

Administrative legislation permits a definite statement of policy thus avoiding possibility of litigation or compulsion. According to White, “The avoidance of litigation as far as possible is a definite gain.”

(h) Prompt Action in Emergencies:

Parliament is in session for a few months in a year. If emergencies crop up during its interval, they cannot be tackled promptly till the Executive is empowered to meet them through its power of issuing rules and regulations.

(i) Proper Drafting of Rules:

Since rule-making power is exercised, keeping in view actual situation, by the experts deputed for the purpose by the executive, drafting of rules is apt to be more perfect. In short, delegated legislation is a suitable answer to the rapidly increasing needs of the present-day changing society which necessitates a progressive attitude and an adaptation of policies to the changing circumstances.

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Essay # 5. Disadvantages of Delegated Legislation:

Despite its mark
ed popularity, the system has been vehemently criticized by critics like Lord Hewart and C.K. Allen. Hewart describes it as ‘triumph of bureaucracy.’ Dicey 30 years after writing on rule of law remarked (in 1915) ‘Rule of Law is exposed to New Peril’ due to the growth of delegated legislation.

Following are the main points of criticism advanced against it:

(a) Individual Liberties at Stake:

It is apprehended that vesting of discretionary powers with the officials turns democracy into despotism. Concentration of legislative and executive authorities results in jeopardizing the liberties of the individuals.

According to Hewart, vesting of this power of making rules with the Executive amounts to “subordinate Parliament to evade the courts and to render the will or the caprice of the Executive unfettered and supreme.”

(b) Delegation of Unlimited Powers:

Once this process of delegating of legislative powers commences, it is apprehended that unlimited powers may be delegated to the Executive. In India, for instance, the legislature has been passing skeleton bills, giving blanket powers to the Executive.

The Local Government Acts, for example, bestow upon the Executive the power of constituting, suspending and superseding the Municipal authorities, even of determining the size of the Municipal Councils and mode of election or appointment.

Likewise, the Estate Duty Act empowered the Central Government to impose or vary taxation. In the words of Kemp, “When the Charter is so indefinite, the courts certainly cannot control it, and parliament can do so only by revoking it altogether…”

(c) Jurisdiction of Courts Ousted:

Delegated legislation often seeks to oust the jurisdiction of the courts. This results in depriving the citizens of judicial protection. The Enabling Act may clearly specify that the rules made there under shall not be called in question in any court of law.

In the words of Lord Hewart, “It is the abuse of the system that calls for criticism and perhaps the greatest abuse and the one most likely to lead to arbitrary and unreasonable legislation is the ousting of the jurisdiction of the Courts.”

(d) Interest of the People Ignored:

It is generally contended by the critics that it may serve the interests of the influential parties or the interested groups, thus ignoring the interests of the general masses. The Enabling Acts always require the rule making authority to consult the interested parties before framing the rules. This may consequently result in ignoring of the common interests.

(e) Judicial Remedy Costly:

Judicial remedy, though constitutionally provided to the citizens, is generally costly and fairly cumbersome. In India, prior approval of the government has to be secured before any administrative authority can be sued in the court.

(f) Publicity of these Rules Poor:

The people generally suffer because the rules are not brought home to them. Though the Enabling Act provides that the Government would give proper publicity to the Rules and Regulations, yet in general proper publicity to such rules is not given. This adversely affects the interest of the people.

(g) Democratic Principle Undermined:

Generally taxation power is also delegated. Such a delegation undermines a famous democratic principle, ‘No taxation without representation’. For example, Estate Duty (Controlled Companies) Rules, 1953 empowered the Executive in India to impose or vary taxation. These rules were, however, withdrawn.

(h) Privileged Position of the State:

The critics opine that even if judicial remedies are available the citizens cannot expect a fair deal from the courts especially when they are pitched against the State. In India, in particular, the State enjoys such an envious position.

(i) Retrospect Effect Unfair:

It is opined that these sub-laws are sometimes applied with retrospective effect. This is rather unfair. Even the British Select Committee on Statutory Instruments observed that rules “should not purport to have retrospective operation unless Parliament had expressly so provided.”

(j) Inadequate Scrutiny:

Inadequate scrutiny of the rules and regulations by parliament makes delegated legislation develop into despotism. Though parliament’s main function is to control the executive, yet parliamentary scrutiny of delegated legislation has been inadequate and not very critical.

As such, it has failed to keep the executive on the rails. The Donoughmore Committee, therefore, expressed the fear that “there is a danger that the servant may be transformed into the master.”

(k) Confusion and Chaos:

It is contended that too much flexibility leads to confusion and causes chaos. Hence it very adversely affects the administration. Though these points of criticism have some weight in them, yet delegated legislation cannot be avoided. It is in fact a necessary evil.

It is necessary because Parliament lacks time to enact detailed legislation on all kinds of subjects on which laws have to be made. It is also an evil because it gives to Caesar what does not, in fact, belong to Caesar.

Moreover, the delegated power is likely to be abused in the absence of adequate safeguards and proper vigilance. Donoughmore Committee rightly pointed out, “The system of delegated legislation is both legitimate and constitutionally desirable for certain purposes within certain limits and under certain safeguards.”

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Essay # 6. Safeguards in Delegated Legislation:

Delegated legislation is a necessary evil and is as such ever on the increase.

Following safeguards should be provided to avoid its pitfalls:

1. The Enabling Acts should specifically define the powers delegated. The use of vague terms as ‘in common interest’, ‘reasonable variations’ may be avoided as they give vast discretionary powers to the executive.

2. The jurisdiction of the courts should not be ousted. Donoughmore Committee rightly pointed out, “The rule of law requires that all regulations should be open to challenge in the courts except when Parliament deliberately comes to the conclusion that it is essential in the public interest to create an exception and to confer on a Minister the power of legislating with immunity from challenge.”

Thus the power of Judicial review should vest with the courts. That will check the excesses of delegated legislation.

3. The executive should take into confidence the outside interests directly affected by the proposed exercise of rule making powers. If divergent interests are to be catered to, a standing Consultation Committee representing all interests should be appointed to give suggestions to the executive.

4. Explanatory notes should be added to all the regulations so that the layman is fully acquainted with the necessity of a particular regulation. An Explanatory Memorandum be added with the Enabling Act indicating clearly what types of regulations should be made under the Bill if it is enacted.

5. Rules and regulations should be published and given proper publicity. In India, for instance, elaborate rules have been laid down in this respect. In U.S.A. also the Administrative Procedure Act lays down certain conditions specific
ally.

6. Parliamentary control over delegated legislation is a proper safeguard against abuse of this power by the Executive. In India and Great Britain, an elaborate system of parliamentary control over delegated legislation has been provided. Kersell eulogizes this safeguard when he opines, “The most appropriate institution to supervise the use of delegated legislative powers is parliament…”

7. Rule making authority should be delegated to a trustworthy authority approved by the Parliament. In India and U.S.A. where doctrine of supremacy of constitution prevails, the legislature cannot delegate its law-making power to any extent.

It cannot delegate its substantive legislative power. In the U.S.A. where doctrine of separation of powers prevails, law-making is the monopoly of the Congress. Its delegation should be normally unconstitutional.

To meet the exigencies of modern times, the law courts have invented doctrine of ‘subterfuge’ which permits the delegation of subordinate legislation. In a leading case Field vs. Clerk the Supreme Court held, “The legislature cannot delegate its power to make a law but it can make a law to delegate a power to determine some fact or state of things upon which the law intends to make its own action depend.”

In India, there is no specific or explicit provision in the Constitution empowering Parliament to delegate its law-making power. However, there are several provisions wherein the authority to delegate can be inferred. The term ‘Law’ as provided in Article 13(3) of the constitution includes any ordinance, order, bye-law, rules, regulations, notification etc. which being in violation of the Fundamental Rights would be void.

Rules and regulations are not made by the legislature but by the agencies other than the legislature, namely the executive and local bodies under the delegated authority. Besides, a number of judicial pronouncements of the Supreme Court have justified delegated legislation.

In Vasant Lal Magan Bhai Case reported in AIR 1961 Section 4 the Supreme Court observed. “Subordinate legislation has now become well-settled. There is nothing wrong in such legislation because the modern conditions have compelled the legislature to entrust its duty to administrative agencies.”

In U.K., quite a different tale is to tell. The High Court of Judicature has held, “The British Constitution has entrusted to the two Houses of Parliament, subject to the assent of the king, an absolute power untrammelled by any written instrument, obedience to which may be compelled by some judicial body.”

Thus Parliament in U.K. can delegate its legislative power to any outside authority. In U.K., the limiting of delegated legislation is a question of policy and not of law.

Knowing the inevitability of Delegated Legislation, it may be suggested that the safeguards enumerated in the preceding paragraphs should be given due weight without which the Executive might become despotic and liberty of the people may be at stake.

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After reading this article you will learn about the methods used for testing candidates for civil service in India. The methods are: 1. Written Examinations 2. Oral Test or Interview 3. Performance Demonstrations 4. Selection by Evaluation of Qualifications and Experience.

Method # 1. Written Examinations:

Written examinations are generally used in all the countries for judging the qualifications of the candidates. The written examination test is of several kinds. It may be so designed as to test either the general ability and intellectual calibre of the candi­dates or their knowledge of the specific subjects related to the duties of the job under recruit­ment. In India and England the purpose of examinations is to know the general intelligence of the candidates.

Macaulay, who was the greatest protagonist of this view, ob­served:

“Men who have been engaged, up to one and two and twenty in studies which have no immediate connection with the business of any profession, and the effect of which is merely to open, to invigorate, and to enrich the mind, will generally be found, in the business of every profession, superior to men who have, at eighteen or nineteen, devoted themselves to the special studies of their calling. Indeed, early superiority in literature and science generally indicates the existence of some qualities which are securities against vice—industry, self-denial, a test for pleasures not sensual, a laudable desire of honourable distinction, a still more laudable desire to obtain the approbation of friends and relations. We, therefore, think that the intellectual test about to be established will be found in practice to be also the best moral test that can be devised.”

Candidates appearing for higher civil service in India take examinations in the sub­jects which they learn in the universities. “The outlook, power and quickness in comprehension, the gift of dealing with the people, the readiness to take the initiative and to assume responsi­bility, are all in the main highly developed when the business to be transacted is seen by the civil servant against a background of other knowledge of the type through which the mind has become developed,”

Today many people may not perhaps go to the whole hog with Macaulay in accepting examination in academic subjects as the sole criterion of suitability for administra­tive posts, yet the basic truth of his contention is still accepted in many countries including India and Britain.

Special Test:

In the United States, examinations are held to test the specific knowledge which the can­didate possesses concerning the job which he has to perform, e.g., knowledge of law, geogra­phy, criminology, etc., in case of a police post or of economies, finance, etc., in case of post in the finance or accounts department. There is no combined competitive examination for all the services of a particular grade or class as we have in India.

Essay Type and Objective Type:

From the dependability point of view there are two testing criteria, viz., (i) Essay answer type or standardized type test and (ii) Short answer type of tests.

Under the former the candidate is required to write a fairly long essay in answer to a question while under the latter answers to the questions are not in essay form but mostly in ‘Yes’ or ‘No’ or in one or two words. ‘The true—false’ questions are put, and the candidate has just to say whether the statement is correct or incorrect.

Sometimes he has just to fill in the blanks or provide the missing words. It is a more reliable and fairer type of method. It is a mechanical type of test and even scoring machines can be employed or marking papers. The system is therefore economical and fairly simple. Moreover, marking is objective and there is no room for the subjective vagaries of the examiners.

The former system enables the examiners to judge the power of expression, standard of reasoning and continuity and consistency of thought of the candidate. The defects of this system are that (i) there is a great difficulty of the evaluation of answers.

Marking by examiners is largely subjective, and sometimes differs sharply from one examiner to another and even by the same examiner from one candidate to the other. It is also apprehended that if the same script is evaluated by the same examiner at different times marking may differ. Hence the method is not considered reliable; (ii) it is costly because remuneration payable to the examiners is quite high. 

Merit of Short Answer Examination

The merits of short answer type are as follows:

Through short answer type of tests expression or language of the candidate cannot be examined. His ability to prepare analysis of complex material cannot be known. If the short answer questions are not very carefully devised, the system will test only the factual knowledge and not his connected thinking.

True capacity and ability are not thus revealed by such tests. Secondly, unless a very large number of such tests are available, they quickly degenerate into stock tests which can be easily anticipated and provided for by coaching, thus largely eliminat­ing their value.

Some American writers believe that if these tests are prepared carefully, they can measure judgment, reasoning and ability of the candidate much more precisely and exactly than the essay type.

Writing about these tests, Prof. William A. Robson observes, “Clerical assistants are chosen by means of short tests consisting of simple ‘right-wrong’ questions on arithmetic, spellings, meaning of words, etc. Such tests have a serious disadvantage —they offer no scope for positive ability, such as in clear expression; but they have the compelling practical advantage of speed.”” In the opinion of L.D. White, “It permits the testing of the test itself and has no dependability.”

Which of these systems is better?—is a moot question. The dependability of a test is measured by its validity and reliability. A test is said to be valid when it measures what it purports to measure. It is reliable when it does so regularly during repeated use.

Validity means the degree to which the test measures the ability. The latter, if properly construed, means memory, power of reasoning, aptitude, and speed of reaction of the candidate. Obviously, it can be best measured through the device of ‘free answer’ type tests rather than short-answer type. Reliability of test signifies the extent to which persons would be marked in the same relative order by their scorers.

Scoring is more objective and mechanical in the short-answer type of tests. In the long-answer type of tests, much depends upon the personal judgment of the exam­iner. Moreover, uniformity of standard of marking cannot be maintained as many examiners are appointed to mark the papers.

Thus there is less reliability, though more validity, in the free- answer type. U.K. and India have been showing preference for free-answer type tests for the competitive examination. In India preliminary examination of IAS and allied services has ca­tered to short answer rather objective type of test.

IAS and Allied Services Test schemes in India (UPSC Exam.).

In the IAS and Allied Services Examinations there are two type Examination.

Preliminary:

It consists of two papers (i) General Studies of 1
50 merits (ii) one subject to be selected out of the list of optional subjects which are 23 in number.

The question papers in both the papers are objective type (multiple choice questions). The question papers are set in Hindi and English. The course content of the syllabi for the optional subjects is to be of Degree level. Each paper is to be of 2 Hours duration only.

In the Main Examination are to be IX papers in all as detailed under:

Paper I – of one of the Indian languages as given in the 8th schedule of the constitution — It’s of 300 marks and “Its marks are not counted in ranking and is of qualifying nature and of Matric standard.

Paper II is of English carrying 300 marks.

Paper III is of Essay of 200 marks

Paper IV and Part V are of General Studies of 300 Marks.

Paper VI, VII VIII & IX – Any Two optional subjected to be selected from the list of optional subject. Each subject is to have two papers of 300 marks each

Interview Test will have 300 marks.

In U.S.A., however, short-answer type of tests are given preference. Prof. Pfiffner has very well compared the two types of tests in these words, “The written tests of to-day are almost exclusively of the short-answer type with simple choice questions being preferred. Essay or free-answer questions are still used occasionally when the field of competition is small, the preparation of a short-answer test is uneconomical or the subject-matter does not lend itself to short answers.”

Forms of Written Tests:

There are four types of written Tests—(a) Tests of general or special mental abilities; (b) Aptitude Tests; (c) Achievement Tests; (d) Personality Tests.

1. The Ability Tests:

The ability tests may be of short-answer or essay-answer type. Both these tests judge the general mental calibre of the candidate—his memory, degree of reaction to problems, power of reasoning, etc. Besides testing the general ability of the candidates, devices have been devised by experts to test the specific traits of mind.

To enumerate a few:

(a) General Intelligence Tests:

Messrs Binet and Simon of America devised this test in 1905. It measures mind through the Group tests of mental ability.

(b) Unit Trait System:

L.L. Thurston discovered this system. It identifies unit traits of intelligence, viz., perception, verbal comprehension, word fluency, memory, reasoning ability, deduction, etc.

(c) Social Intelligence Tests:

Thurston and his associates devised this test. Social intelli­gence denotes ability to adjust to new situations which involve relations to people and take a course of action which is effective in the sense that it induces others to do consistently and voluntarily the thing it is desired they should do.

Such a quality is expected to be found in police officials, railway officers and Taxation Department. Such a trait of character is measured by means of a series of tests given to a group of candidates who are asked to reside together in a camp with the examiner for a fortnight to a month.

(d) Administrative Ability:

Thurston was responsible for organising an experimental study of administrative ability in 1939. Intellectual and temperamental qualities comprise the adminis­trative ability. These qualities are measured through a test termed as Gottshchold Test.

(e) Mechanical Intelligence Test:

This test is used in skilled trades and positions which involve use of clerical machines. The Assembly tests of Minnesota Mechanical ability are made use of for this purpose.

II. Aptitude Tests:

Military service in the UK and also in some other universities of U.K. and the U.S.A. have discovered methods of measuring the aptitudes of the candidates. These tests are used for filling up trade and clerical positions.

III. Achievement Tests:

The academic examinations are termed as achievement tests. Certain basic academic quali­fications are required for competing in the examinations. A B.A. degree enables a candidate to compete for I.A.S. and other allied services examinations.

IV. Personality Tests:

Not much has been done for devising written tests for testing the personality of the candi­dates. Personality inventories which measure emotion, temperament, introversion have been de­vised for the purpose. The British discovered a device for appraising personal qualities meant for strategic services, during world war.

The candidates are invited for delicate and hazardous foreign posts to a country house where they are minutely observed under varied conditions. Social decorum is maintained in the house. The candidates are given pencil-paper tests and are exposed to several forms of stress and strains. Such a method is fairly complex and is generally used for unitary service.

Method # 2. Oral Test or Interview:

The written examination, it is said, does not reveal the true personality of the candidates. To properly gauge the qualities of initiative, presence of mind, power of decision, etc., which are vital in a successful administrator, resort is made to oral tests or interview.

The oral test is intended to obtain a look at the candidate and to detect his positive or negative qualities and thus serves as a corrective of the estimate arrived at by written exami­nations. The first use of ‘interview device’ was made in England in 1909 to select the managers of the new labour exchanges.

In England, after World War I the interview became established as part of the selection process for the Administrative Class. It was extended to other classes later on. In India for Indian Administrative and Indian Foreign Service the viva voce carried 300 and 400 marks respectively and for IPS and other Central services 200 marks.

However, since the acceptance of Kothari’s Commission Report (December, 1978) the new pattern of competi­tive examination was accepted. Total marks presently for the Interview are 300 in all services–IAS, IFS, IPS or other allied services in case of India.

Types of Interview:

Interviews may be of five principal types. The first type known as the Selection Board Procedure is an independent method of selection in itself and not an auxiliary to the written examination. The second is to supplement written examination usually used to test the candidate’s grasp of the subjects relating to the post.

It is not really an interview but a viva voce. The third type is one in which the candidates first appears in an open competitive examination which includes written papers and thereafter are required to appear before an Interview Board whose object is to judge the personal qualities such as initiative, presence of mind, etc.

Marks obtained in the interview are added to those obtained in written examination. The fourth type is the so- called ‘weeding interview’ whose object is to make a preliminary selection of the candidates before they are allowed to take the written examination.

No candidate takes the examination unless he has first been approved by the Interview Board. It does not form a part of the com­petitive examination that follows. The fifth type which has been invented by the Americans is termed as Group Oral System.

According to it, a group of candidates are made to discuss a topic under the close observation of their examiners. The discussion may last for an hour and a half or more. It is contended that this method of oral examination is fairly objective.

Merits:

The oral test or the interview has today become the most common method of personality test. In England, a committee on Class I examination was appointed in 1917. This committee was in great favour of interview or viva voce test.

It observed:

“We believe that qualities may be shown
in a viva voce examination which cannot be tested by a written examination, and that those qualities should be useful to public servants.” It is sometimes urged that a candidate, otherwise well qualified, may be prevented by nervousness from doing justice in viva voce.

We are not sure that such lack of nervous control is not in itself a serious defect, nor that the presence of mind and nervous equipoise which enables a candidate to marshall all of his resources in such conditions is not a valuable quality….We consider that the viva voce test can be made a test of the candidate’s alertness, intelligence and intellectual outlook, and as such is better than any other….We consider that the viva voce examination should not be in matters of academic study, but in matters of general interest, in which every young man should have something to say.

Demerits:

But there is another side of the picture also concerning viva voce tests.

These tests have been widely criticized on the ground as under:

(i) they are subjective and uncertain. The differ­ent members of the board have their own individual notions of a good personality,

(ii) the atmosphere of interview is artificial and prevents the candidates from appearing at their best. A few questions of the ‘hit or-miss’ type cannot reveal the real worth of the candidate. An aristo^cratic member of the Board may judge personality by attractive physical appearance and dress rather than anything else, while the other one may be impressed by simplicity and unassuming physical appearances. It has been said that “God takes a whole life-time to judge a man’s worth, while interviewers have to do in a quarter of an hour.”

(iii) Interview reveals nothing except the superficial aspects of the candidate’s personality.

Deeper traits of tact, leadership and resource­fulness go undetected. Marking differs from member to member. An analysis of the interview result shows that marks awarded to candidates who competed more than once for the same service vary surprisingly.

A candidate who in his first attempt secured fifty marks out of 400 secures 200 marks out of the same number next time. Should it be presumed then that this time he has improved his personality four times? Such a presumption would be ludicrous.

All this showed there was a great element of chance in the interview test. An investigation was under­taken by the International Institute Examinations Enquiry. This body established a replica of the civil service viva voce examination and discovered that for the same candidates, but by the different boards, differences of as many as 92 and 70 marks were shown in extreme cases, with the average difference of 37 marks.

The Board of Enquiry commented, “These extreme differences….amounting to 20 to 30 marks out of 100 and the average difference of about 12 marks out of 100 point to the unreliability of the interview test, and indicate the great influence that this test might have in the final placing of a candidate in the civil service examination….We must conclude that the different influences of the Boards have been sufficient in this case to mark the common influence of the same set of candidates.”

In India there has been a great criticism of interview held by Union Public Service Com­mission for administrative services. As said above viva voce test previously carried 400 (now it is 300) marks. It depended solely on the fancies of the members who sat with a view to elimi­nate the large number of candidates and so gave arbitrary marks. They were awarded marks like 100 out of400 and this is not for one or two but for hundreds of candidates. It was also seen that a candidate who secured the highest marks in the written examination generally failed badly in the viva voce test. To cap it all if a candidate failed in viva he was declared a failure in the Exam.

It was on account of these contradiction in theory and Interview that certain changes were made in^ the viva voce system for Central services. Total marks of theory and viva are counted. Viva of IAS and Allied services now carries 300 marks only. A candidate failing in viva is not declared a failure.

To reduce the iniquities of the interview system, Dr. Finer suggested the following reforms in it:

(i) The duration of interview should be increased from 15 minutes to half an hour.

(ii) It should almost entirely be devoted to a discussion ranging over the academic inter­ests of the candidate as shown in his examination syllabus.

(iii) It should be a supplementary and not a decisive test.

(iv) The Interview Board should include a business and a university administrator.

(v) The interview should come after and not before the written examination.

(vi) The reports of the university teachers should be consulted only after the interview by way of checks and that tutors should exercise self-restraint in giving the testimonials.

(vii) Since the arbitrary will still prevails, the marks of interview should be reduced from 300 to 150, i.e., half of their present magnitude.

Moore made the following suggestions:—

(i) Questions already answered in the application blank should not be repeated unless the applicant is told why his answer is inadequate.

(ii) No direct questions should be used until rapport is established and the interviewee is ready to give the desired information accurately.

(iii) Questions relating to one phase of the applicant’s life and interests should be arranged in succession and given in simple, straightforward manner, without any attempt at shrewdness, cleverness or trickery.

(iv) The interviewer should avoid the attitude of the authoritative, impertinent cross-exam­iner, who always puts the applicant on the defensive and prevents any natural expression of hopes and interests.

The Kothari Committee on Recruitment Policy and Selection methods in India submitted its report in December, 1978.

The Committee accorded more importance to Interview. They recommended 700 marks for viva though their viva marks were 400, 300 and 200 for Indian Foreign, Indian Administra­tive and other services respectively. However, Government of India did not accept this recom­mendation. They agreed to keep 250 marks in total for viva for all their services without dis­crimination. Since the introduction of two types of examination – Preliminary and Main inter­view marks were enhanced to 300.

Method # 3. Performance Demonstrations:

To recruit personnel for skilled crafts and trades like electricians, stenographers, typists and mechanics, etc., the performance test device is employed. The candidates are actually given a piece of work in their line to do to show how well they do it. Thus stenographers may be given a dictation and typists a piece of passage to type, thus to find out their speed and accuracy. Similarly, a wireman can be asked to do a piece of wiring. This test may be used by itself or it may be supplemented by written tests to judge the candidate’s knowledge of the technical terms, tools and methods of his trade.

Method # 4. Selection by Evaluation of Qualifications and Experience:

This method is used for selecting candidates for those posts for which written examinations are not suitable. Specialist personnel for medical, legal, scientific and other similar posts are selected in this way. The candidates are called upon to produce evidence of their possessing necessary qualifications and experience. An interview board assesses these qualifications and selects the candidates after interviewing them.

Psychological Tests:

According to Dr. Herman Finer, the psychological tests of various kinds constitute a peculiarly American contribution t
o civil service ideas. These tests are of two kinds—the intelligence tests and the aptitude tests. Intelligence tests are given to assess the mental maturity of the candidate, while the aptitude tests, instead of judging the innate general mental qualities, seek to discover the ability to learn some special thing.

It is believed that mental maturity is achieved between 14 and 16 years. The mental calibre of a child is judged in terms of ‘intelligence quotient, commonly referred to as the “I.Q.” An I.Q. of 96 or less is supposed to indicate feeblemindedness; 90 to 110 normal; and above 130 superior. However, there is no agreement about these figures. These tests are generally used in the army to elimi­nate the unfit.

Some Observations:

Above we have surveyed briefly the various methods of testing candidates. After this sur­vey it may be said that no single method can prove to be an ideal test of the relative qualities of the candidates. Every method is exposed to its own dangers. In England and U.S.A. great efforts have been made to improve and refine the existing methods.

As a result of these efforts greater objectivity and reliability may be reached in course of time but we have not yet reached that stage. Generalizing from what has been said above, the Selection Board method is used for specialists and also for a few very high administrative posts.

The method of open competition consisting of written and interview tests is used for recruitment to posts both higher and lower, the number of which is fairly large and in which cadre-forming is done. For recruiting skilled tradesmen the performance test is used.

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