[PDF] Essay on Liberty: Top 4 Essays | World | Political Science

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

Essay on Liberty


Essay Contents:

  1. Essay on the Definition of Liberty
  2. Essay on the Various Kinds of Liberty
  3. Essay on the Relation between Liberty and Authority
  4. Essay on the Safeguards of Liberty in a Modern State


Essay # 1. Definition of Liberty:

Definition of liberty and two aspects of liberty – The term liberty is a derivation from the Latin word “liber”, which means freedom. Negatively speaking, liberty means absence of all restraints, while positively speaking, it means freedom to do whatever one wants. Thus in the second sense liberty is of the nature of licence, pure and simple. This type of liberty is not possible in a modern state, where everyone has to adjust himself to the fair play of freedom of all.

It is in this context that Herbert Spencer wrote:

“Every man is free to do that which he wills provided he does not infringe the equal freedom of any other man.” Thus liberty has two sides. In the first place, an individual in order to express his personality in thought, word and action wants freedom, i.e., absence of restraint on his freedom in thought, word and action. In the second place liberty carries, with itself a kind of restraint on his own freedom for the sake of adjustment of similar freedom of others in the state. Thus there are provisions for punishment in the criminal code for those who exceed the limits put on their freedom.


Essay # 2. Various Kinds of Liberty

:

Liberty can be divided into five kinds – natural liberty, civil liberty, political liberty, economic liberty and national liberty.

1. Natural Liberty:

In modern states there cannot be any natural liberty. This type of liberty might have existed in the pre-state stage of human civilisation.

According to Jean Jacques Rousseau, the people enjoyed natural liberty in the state of nature and men lost such liberty with the creation of the state.

Natural liberty is an unlimited and unrestricted freedom. This concept of liberty is imaginary and cannot exist in a civilised society. This type of liberty is actually license. Only the strong can enjoy the right in a jungle life. The weak will be exploited. Might can be right in a jungle, not in a civil community. So we reject the natural liberty as a bogus one.

2. Civil Liberty:

Civil liberty implies freedom enjoyed by the people in a civil society. This type of liberty emanates from the civil rights which include right to life, liberty and property. These are the basic civil amenities, without which a man, whether he is a citizen or an alien, cannot lead a civil life.

It is also the bounden duty of the state to provide these opportunities to the individuals in the state. About civil liberty, R. G. Gettell rightly said- “Civil liberty consists of the rights and privileges which the state creates and protects for its subjects.”

3. Political Liberty:

Political liberty stands for the political rights to have a share in the government. Such political liberty is possible only in a democracy. The democratic functions of the state will be impossible if the state does not provide its citizens with political liberty.

Stephen Butler Leacock defined political liberty as “the right of the people to choose their government which should be responsible to the general body of the people.” According to Harold J. Laski- “Political liberty is the power to be active in affairs of the state. Political liberty is identical with the constitutional liberty which means democratic rule.”

In order to make political liberty real, the citizens will have four political rights, which are discussed below:

(i) Right to vote:

The citizens will have the right to vote on attaining majority to elect the legislature. In India the voting age is from 18 years. Almost all the democratic countries have granted this right to the citizens, since it is the most basic element in a democracy.

(ii) Right to be elected:

Not only the right to vote but also the right to stand as a candidate is another important political right in a democracy.

(iii) Right to periodical election:

The legislatures and all representative bodies must not be permanent. These institutions should be elected after some fixed time. In India the Lok Sabha which is the lower house of the parliament is elected after every five years.

(iv) Right to criticise the government:

The citizens are to be given the right to elect a strong opposition to criticise the party in power. The other method of criticism is freedom of speech, freedom of the press and freedom to assemble peacefully for demonstration against the government.

4. Economic Liberty:

Civil and political liberty will be meaningless without economic liberty. The state should see that there is no imbalance in the economic life of the people because of concentration of wealth in the hands of the few.

It does not mean attainment of economic equality but removal of side economic disparity. It implies the right to work and right to a decent living. It also includes other benefits like sickness insurance, old age pension, unemployment insurance, etc.

5. National Liberty:

It is linked with the theory of one nationality, one state. It implies that every nation must have a right of self-determination. It may mean freedom from the foreign rule or creation of a full-fledged sovereign state by each nation.

By exercising this liberty India became independent from the control of the British imperial power. By dint of similar right Bangladesh became an independent sovereign country by severing herself from Pakistan.


Essay # 3. Relation between Liberty and Authority:

Liberty is the spontaneous expression of man’s free choice to live the life in accordance with one’s own will. Law apparently puts some restraints on man’s individuality and fulfillment. Behind the law there is the sovereign authority of state. If law is violated, the violator is punished. There are two opposite views on the relation between liberty and law.

Theory of the Individualists:

According to the individualists, law or authority is detrimental to the individual personality of man. John Stuart Mill and William Godwin are the chief exponents of the individualist theory. Mill had no hesitation that laws of the state are clear infringement of the liberty of the individuals. So Mill was opposed to all powers of the authority except those necessary for the free exercise of other individual’s liberty. So long as the liberty of an individual does not hamper the liberty of other individuals there should be no authority to curtail the liberty of the former.

William Godwin went a step further and maintained that “law is an institution of most pernicious tendency” and that every law is a “direct encroachment on individual liberty”. The extreme view is held by the anarchists who suggested that the st
ate with all its legal system must be abolished.

Theory of the Idealists:

A contrary view is held by the idealists who want that the state should be all-powerful and the individuals must seek salvation through the state. The individuals should be concerned with their duties to the state and must surrender all their liberties. It is the concern of the state to see to the well-being of the individuals.

The state being an embodiment of morality stands on a higher footing than the individuals. The individuals will get the due benefits within the state, not outside it. All individuals must subordinate themselves to the ethical and social consciousness of the state.

Conclusion:

The two views mentioned above are exaggeration of facts. Individual liberty cannot be a wild buffalo. The state is not to rope the freedom of individuals either. We must seek a via media. Both liberty and law must coexist. Law does not infringe the individual liberty. The idealist view that liberty lies in obedience to law is also not correct.

The state exists for the all-round development of the society. If law is abolished there will be anarchy. In anarchy the liberty of the individual will not thrive. Law endures a social order and creates conditions for liberty. Liberty is the end of law. If law fails to protect individual liberty that law or authority is not good.


Essay # 4. Safeguards of Liberty in a Modern State:

Liberty is the finest fruit of human civilisation. So it is to be preserved. There are various instruments by which the individual liberty can be safeguarded.

These are discussed below:

1. Democracy:

Democracy as a form of government is most conducive to the growth of liberty. This is considered the best form of government, because its main concern is to upkeep the freedom of the people. Without the opportunity of freedom there cannot be any liberty. It is, therefore, seen that the liberty of an individual is best safeguarded in a democratic country like England and the USA.

2. Guarantee of Fundamental Rights in the Constitution:

Without rights there cannot be liberty. Some of the rights are considered basic and called the fundamental rights. In constitutions of some democratic countries these fundamental rights are incorporated and guaranteed. It means that no authority can take away these rights.

Thus the constitutions of the USA, France and India have enumerated these rights and guaranteed their protection. If these rights are inroaded by any authority, the individual can approach the courts of law. These fundamental rights are, therefore, some protective umbrellas over the individual liberty.

3. Separation of Power:

If the legislative, executive and judicial powers are combined in one person or one organisation there is scope for poaching on the individual liberty. So Charles-Louis Montesquieu and Sir William Blackstone pleaded for separation of powers, i.e., three kinds of power should be vested to three separate bodies. While there should be as much separation of power as possible it is not always practicable to have rigid separation of powers.

4. Independence of the Judiciary:

Judiciary is one of the three organs of the government. We have already noticed the good of separation of three organs of government. But the utmost importance is attached to the independence of the judiciary; it means that the executive or the legislature must not control or curb the power of the judges. If the judges are independent, much of the abuses of the individual liberty may be avoided. The independent as against committed judges help the protection of individual liberty.

5. Elaborate System of Local Self-Government:

It is common knowledge that concentration of power in one hand or in one administration may infringe the individual liberty. If the power is split up from the top to the bottom it will create an healthy climate for individual liberty. So there should be a central government, a provincial government and a village or town administration.

This type of division of administrative power will not encourage the pyramid of powers in one place.

According to Harold J. Laski:

“The more widespread distribution of power in the state, the more decentralized its character, the more likely men are to be zealous for freedom. Maximum satisfaction is at least partly a function of maximum consultation.”

6. Absence of Privilege:

Liberty flourishes best under an atmosphere of socio-economic parity. No class should be exempt from paying taxes and there should be no privilege like the privy purse which the princes of the native states of India were entitled to enjoy. If there is privilege of any form in the society, liberty will be at stake.

7. Eternal Vigilance:

Liberty will be on low key if the people sleep over their rights and are not conscious of these rights. So, Lord James Bryce rightly said- “Eternal vigilance is the price of liberty.” Only an enlightened and conscious people can zealously guard their rights. They should raise the protest at the slightest encroachment on their liberty. According to Harold J. Laski- “Liberty is never real unless the government is called to account when it invades the rights of the people.”

8. Rule of Law:

The concept of rule of law emanates from the British administrative law. It means that in the eye of law all persons are equal, whether rich or poor, high or low. According to Albert Venn Dicey- “No person is above law, and every person, whatever his rank or position, is subject to the ordinary, law of the realm and amenable to the jurisdiction of ordinary tribunals.” So every official from the Prime Minister to the Police Constable are subject to the same set of law including punishment.

The second aspect of die rule of law is that no person can be arrested or detained without a law for such arrest or detention. Against all kinds of arbitrary arrests, the civil remedy is the writ of habeas corpus which ensures that if a person is detained without sufficient ground he should be set free by the civil court.


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[PDF] Detente Behaviour and International Political System | Hindi | Essay

Read this essay in Hindi to learn about the impact left by detente behaviour of U.S.A. and soviet union on international political system.

सोवियत संघ-अमरीका तनाव-शैथिल्य ने शीत-युद्ध के तनावपूर्ण वातावरण को समाप्त किया; शस्त्रीकरण की होड़ को सीमित किया; संयुक्त राष्ट्र संघ के कार्य को आसान बनाया; परमाणु-युद्ध के आतंक से मानव जाति को किया और विरोधी विचार प्रणालियों वाले राष्ट्रों में सम्वाद और मेल-मिलाप प्रारम्भ करके अन्तर्राष्ट्रीय राजनीतिक व्यवस्था में बदलाव प्रस्तुत किया ।

सोवियत संघ-अमरीका दितान्त व्यवहार का अन्तर्राष्ट्रीय राजनीतिक व्यवस्था में निम्न प्रभाव देखा जा सकता हैं:

1. महाशक्तियों के मध्य सहयोग और मैत्रीपूर्ण सम्बन्धों का विकास:

द्वितीय विश्व-युद्ध के बाद विश्व राजनीति में गुटीय विभाजन स्वंष्ट रूप से दिखायी देता था । दितान्त व्यवहार की शुरूआत के बाद महाशक्तियों एवं उनके पिछलग्गू राज्यों में आपसी आदान-प्रदान, सामंजस्य और समझौतापूर्ण सम्बन्धों का नया उभरता हुआ आचरण दिखायी देता है ।

कभी निक्सन मास्को जाते है, तो कभी ब्रेझनेव वाशिंगटन, कभी ग्रोमिको अमरीका की यात्रा करते हैं तो कभी कीसिंजर सोवियत संघ की । ऐसा नहीं लगता था कि अमरीका और सोवियत संघ के अलग-अलग गुट हैं और यह गुट एक-दूसरे के विरोधी और दुश्मन हैं । यूरोप, पश्चिमी एशिया, दक्षिणी-पूर्वी एशिया अथवा दुनिया के अन्य भागों में ये महाशक्तियां टकराहट (Confrontation) की स्थिति में अब नहीं लगती थीं ।

2. यूरोपीय महाद्वीप अब विभाजित नहीं लगता:

1945 के बाद ऐसा लगता था कि यूरोपीय महाद्वीप दो भागों-पश्चिमी यूरोप और पूर्वी यूरोप में विभाजित-सा हो गया है । पश्चिमी और पूर्वी यूरोप के देशों में न तो नागरिकों का आदान-प्रदान होता था और न व्यापार होता था ।

जर्मनी और बर्लिन की समस्याओं ने यूरोप का कठोरतापूर्वक विभाजन कर दिया था । दितान्त सम्बन्धों की शुरुआत के बाद पूर्वी और पश्चिमी यूरोप के देशों में व्यापार की वृद्धि हुई, सांस्कृतिक आदान-प्रदान का भवन विस्तार हुआ और ऐसा लगा कि अब यूरोपीय देशों की एकजुटता में वृद्धि हो रही है ।

3. तीसरे महायुद्ध के भय से मुक्ति:

1950-60 के दशक में सोवियत रूस-अमरीका शस प्रतिस्पर्द्धा को देखते हुए ऐसा लगता था कि दुनिया पर तृतीय महायुद्ध का खतरा मंडरा रहा है । दितान्त व्यवहार ने इस खतरे को लगभग समाप्त कर दिया । किसी भी संकट के समय सोवियत रूस-अमरीकी नेता ‘हॉट लाइन’ से बात कर सकते थे और आसन्न खतरे को टाला जा सकता था ।

4. परमाणु शस्त्रों के नियन्त्रण के लिए प्रयत्न:

शीत-युद्ध काल में महाशक्तियों की शक्ति परमाणु शस्त्रों के निर्माण पर लगी हुई थी । दितान्त व्यवहार के बाद परमाणु शस्त्रों के बारे में महाशक्तियों के रुझान में परिवर्तन आया । परमाणु शस्त्रों की विनाशकारी शक्ति से सोवियत संघ और अमरीका समान रूप से चिन्तित प्रतीत हुए । 1972 की साल्ट-प्रथम सन्धि, और 1979 की साल्ट-द्वितीय सन्धि वस्तुत: सोवियत रूस-अमरीकी दितान्त व्यवहार के ही परिणाम हैं ।

5. गुटबन्दी में लिप्त राष्ट्रों के लिए पर्याप्त स्वतन्त्रता:

शीत-युद्ध के युग में गुटबन्दी में लिप्त राष्ट्रों की स्वतन्त्र निर्णय-शक्ति धूमिल हो गयी थी । उन्हें किसी भी अन्तराष्ट्रीय प्रश्न पर अपने-अपने गुटीय नेता की दृष्टि से सोचना पड़ता था । दितान्त व्यवहार से जहां एक ओर पश्चिमी जर्मनी, जापान, फ्रांस, फिलिपाइन्स, पाकिस्तान जैसे अमरीकी गुट से सम्बद्ध देशों के दृष्टिकोण में पर्याप्त लचीलापन एवं स्वतन्त्रता दिखायी देने लगी वहां दूसरी तरफ रूमानिया, पूर्वी जर्मनी, वियतनाम, क्यूबा जैसे सोवियत गुट से सम्बद्ध राष्ट्र भी स्वतन्त्र दृष्टि से सोचने-विचारने लगे थे ।

दितान्त व्यवहार का ही परिणाम था कि पुर्तगाल, पाकिस्तान,
रोमानिया जैसे देश गुटनिरपेक्ष आन्दोलन में शामिल हो गये; जापान ने अपने राष्ट्रीय हितों के कारण फरवरी 1972 में मंगोलिया गणराज्य को मान्यता दी और मई 1973 में उत्तरी वियतनाम के साथ भी उसने राजनयिक सम्बन्ध स्थापित कर लिये ।

6. संयुक्त राष्ट्र संघ के मंच पर शालीन व्यवहार की प्रवृत्ति:

डॉ. एम. एस. राजन के अनुसार, शीत-युद्धकाल में संयुक्त राष्ट्र संघ प्रचार, आलोचना और छींटाकशी का मंच बन गया था । महाशक्तियों में दितान्त आचरण की शुरुआत के बाद एक बार पुन: संयुक्त राष्ट्र संघ शालीन और गरिमामय अन्तर्राष्ट्रीय मंच के रूप में उभरने लगा ।

अब महाशक्तियां संयुक्त राष्ट्र की कार्यवाही में अड़ंगा नहीं डालतीं, इसकी विभिन्न एजेन्सियों की कार्यवाही में सहजता और शालीनता देखने को मिलने लगी । वीटो का भी अब बार-बार प्रयोग नहीं किया गया और गुटीय आधार पर किसी नये राष्ट्र के प्रवेश को भी टाला नहीं गया ।

7. गुटनिरपेक्षता की प्रासंगिकता पर प्रश्न-चिह्न:

कुछ लोगों का विचार था कि गुटनिरपेक्षता शीत-युद्ध के सन्दर्भ में उत्पन्न हुई और पली, इसलिए अब शीत-युद्ध में ढील आ जाने के कारण दितान्त युग में गुटनिरपेक्षता बेमानी हो गयी । इसके विपरीत, कतिपय विचारकों का मत था कि दितान्त के कारण अब गुटनिरपेक्ष राष्ट्र महाशक्तियों के संदेह और अविश्वास का शिकार नहीं बनते । किसी एक महाशक्ति के साथ गुटनिरपेक्ष देश के विशिष्ट सम्बन्ध दूसरी महाशक्ति को खटकते नहीं ।

8. दितान्त यथास्थितिवाद की समर्थक धारणा है:

दितान्त धारणा अन्तर्राष्ट्रीय राजनीतिक व्यवस्था के स्थायित्व और उसके बने रहने (Survival) पर बल देता है । सोवियत संघ-अमरीका का हित इसी में था कि उन्होंने वर्तमान यथास्थिति (Status Quo) को बरकरार रखने के लिए आपसी समझौता (Understanding) कर लिया ।

इस धारणा में ‘स्थायित्व’ और व्यवस्था अनुरक्षण की परिस्थितियों पर अत्यधिक ध्यान दिया गया । इसका अनेक लोग यह अर्थ लगाते हैं कि दितान्त यथास्थिति का रक्षक, रूढ़िवादी और सामाजिक व अन्य प्रकार के पर्यावरणी परिवर्तनों के प्रति उदासीन रहा ।

9. महाशक्तियों के आचरण में विनय और सद्व्यवहार के लक्षण:

अमरीकी और सोवियत गुट के राष्ट्र एक-दूसरे के प्रति सभ्य राष्ट्रों की भांति व्यवहार करने लगे, पारस्परिक सद्व्यवहार का पालन करने लगे और उनके आचरण में विनय के लक्षण दृष्टिगोचर होने लगे ।

निष्कर्ष:

संक्षेप में, दितान्त के कारण शीत-युद्ध ठण्डे सह-अस्तित्व का रूप धारण कर चुका था और वह अब लावा नहीं उगलता था । दितान्त सम्बन्धों के विकसित होने से अन्तर्राष्ट्रीय राजनीति से शत्रुतापूर्ण युद्धरत स्थित का अन्त हुआ । रचनात्मक पुनर्निर्माण और सहयोग के नूतन युग का सूत्रपात हुआ ।

दितान्त की उभरती हुई प्रवृत्तियों के कारण विश्व-युद्ध के सम्भाव्य कारणों का अन्त होने लगा और महाशक्तियों के नागरिक शान्तिपूर्ण जीवन व्यतीत करने के लिए आशान्वित हुए । नि:शस्त्रीकरण के क्षेत्र में सहयोग की वृद्धि हुई, सैनिक भिड़न्त और आणविक-युद्ध के खतरे कम होने लगे ।

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[PDF] Departmental System of Organisation: 3 Advantages | Public Administration

This article throws light upon the top three advantages of the departmental system of organisation. The advantages are: 1. System Simplification of Machinery 2. Efficiency and Economy 3. Proper Work Programme.

Advantage # 1. System Simplification of Machinery:

The integrated or departmental system is commonly found in the countries of the world. In India we have the same system in the national and state governments. This system, from every point of view, is superior to the Independent system. Its first advantage is that the problem of government is simplified thereby.

The administrative organisations of modern states are quite complex. Anything that tends to lessen this complexity is of great advantage. It gives more time to the executive for the consideration of important executive problems and makes possible more intelligent legislation. The system keeps the “span of control” within proper limits by limiting the number of persons to be controlled and directed.

Advantage # 2. Efficiency and Economy:

Secondly, by grouping the services into departments on the basis of the nature of their work, the overlapping of functions, duplication of Organisations, plant and activities may be avoided. Every department very clearly knows its authority, responsibility and area of jurisdic­tion. Effective supervision and control is possible. There is proper coordination among the dif­ferent departments.

In organisations where a proper grouping of services is not maintained there is chaos in administration which leads to inefficiency of work and waste of money, material and energy. Take an illustration. The Education Department wants to construct a college building. Similarly the Department of Law and Justice wants to construct a court building.

Now if the activities are not organised departmentally and there is independent system of organisation, then both the departments will have to undertake the construction independently and order the supply of bricks, cement, sand, wood and other requisites. This will be the case of two men doing the same thing which means naturally waste of time, money and energy.

But under departmental system organisation the work of construction for both the departments will be undertaken by the Public Works Department which will get the buildings constructed for both and thus save the wastage of their time and energy.

Thus it is clear that by a proper grouping of the operating services together efficiency, economy and a far more effective utilization of technical plant such as laboratories, libraries and so on can be secured.

Where services are independent each has to maintain its own complete organisation and installation. Each has to have its clerks, purchasing officer, disbursing officer, supply officer, etc. Brought together in departments under a common direction it is sure to work with greater efficiency and economy and yield better results.

Advantage # 3. Proper Work Programme:

Lastly, the grouping system enables the chief executive to draw a proper work programme and prepare and present a budget to the parliament for its consideration. “In its essence this system calls for the formulation and submission to the legislature at each session by the chief executive, of a comprehensive programme of what, in his opinion, should be the work programme of the government for the ensuring fiscal period and the manner in which this programme should be financed. In this programme he must set forth clearly just what provision in his judgement should be made for the maintenance of law and order and the protection of the public from internal disorder or foreign aggression, what for the promotion of public education, what for the prosecution of public works, what for control of industry and commerce, and what for the ad­vancement of general welfare; in a word, precisely what should be done with respect to all of the varied activities engaged in by the modern government.”

In the words of Willoughby, the advantages of the departmental system may be summed up as follows:

“That it correlates the several operating services of the government into one highly inte­grated and unified piece of administrative mechanism; that it ensures the establishment of an effective system of overhead administration and control; that it makes definite the line of ad­ministrative authority and responsibility; that it lays the basis for, if it does not automatically effect, the elimination of duplication in organisation, plant, equipment, personnel, and activities; that it makes possible the effective co-operative relations between services engaged in the same general field of activity that can be obtained in no other way; that it furnishes the means by which overlapping and conflicts of jurisdiction may be avoided or readily adjusted; that it facilitates greatly the standardization of all administrative processes and procedure; that it per­mits of the centralization of such general business operations as purchasing, the custody and issue of supplies, the recruitment and handling of personnel, the keeping of accounts, the main­tenance of libraries, laboratories, blue-print rooms, etc., and finally, that it furnishes the abso­lutely essential foundation for a properly organized and administered budgetary system.”

The theorists and administrators are in favour of the integrated system. Integration should be the rule and autonomous organisation, the exception.

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[PDF] Essay on District Administration | Public Administration

Here is an essay on ‘District Administration’ especially written for school and college students.

What is District Administration?

District Administration means the management of the task of government so far as it lies within an area legally recognized as a district. According to Khera, “District administration is the total management of public affairs within this unit.” The district is kept under the charge of a district officer—called either Deputy Commissioner or District Collector who acts as the eyes, ears and arms of the State Government. As such D.C.’s task is of pivotal nature. This task is of five kinds viz., Revenue, Magisterial, Judicial, Executive and Development.

District Functionaries:

Deputy Commissioner or District Officer is the linchpin of district administration. He is the head of the district. He is designated as Collector in some of the states like Rajasthan and Madhya Pradesh and Deputy Commissioner in states like Haryana and Punjab.

In some other states, where judicial powers are still vested with the Deputy Commissioner, he is termed as the District Magistrate as well. Some other district officials who head various other departments in the District are Civil Surgeon or District Medical Officer, Executive Engineer, Superintendent of Police, District Forest Officer, District and Sessions Judge, District Education Officer, Dis­trict Agricultural Officer, Assistant Registrar of Cooperative Societies etc., etc. However, Deputy Commissioner is overall responsible for efficient administration of the District.

These function­aries look to him for help, advice and at times orders. Even the citizens run to him for the redress of their grievances. According to the Imperial Gazetteer of India, a Collector of strong and sympathetic character with the gift of insight may gain the strongest hold over the affections and imagination of the peasantry and tales of his sagacity and good deeds will be told in remote village many years after his name has ceased to be borne on the civil list of the province. The position remains the same today depending on dynamism of the Collector/DC and his humane and unbiased approach to the citizens.

The District Officer:

The Deputy Commissioner (the D.C. or Collector) is designated as District Officer be­cause he plays a pivotal role in the administrative set up of the district and exercises varying degrees of supervision over the heads of other departments functioning in the district.

He is appointed either through competitive examination for I.A.S. services held through U.P.S.C., or he is promoted from ‘ state) civil services. Quota for provincial services is reserved for promotion to IAS.

Duties of the District Officer:

He performs multifarious functions, hence he is called the backbone of administration and a pivot round which the entire administration of the district revolves. His principal duty, today, as it has always been, is the maintenance of law and order in the district. Prompt collection of revenue is his another duty of significance.

The direction and fulfilment of development plans is also one of his functiosn of paramount importance. To act as a buffer between citizens and administration is another important assignment of the D.C.

Hence his functions are multifarious and can be described as under:

1. As a Collector:

A district officer is the head of the revenue department of the district. In this capacity, he possesses power of general supervision and control of the land records and their staff; appointment, promotion, transfer and punishment of district officials in accordance with the standing orders of the government; writing character rolls of all under his authority; keeping a close watch on the agricultural conditions of the season; collecting of revenue and other taxes like agricultural income tax and irrigation rates, sales and mortgages of land, ensuring proper administration of land, seeing that rights in land are held and enjoyed and passed from one party to another within the jurisdiction of law and in an orderly way; submission of periodical reports to higher authorities; remission of revenue in case crops are destroyed due to flood havoc or drought or visits of locusts in the harvest season; maintenance of facts and figures regarding the wealth and welfare of the inhabitants of the district and managing governmental properties and courts of ward estates; relief of fire sufferers; assessment and realization of agricultural tax; supervision of Treasury and Sub-treasury; payment of Zamindari abolition compensation and rehabilitation grant, enforcement of Stamps Act.

As a fiscal officer of the district, he conducts Abkari sales and issues licenses to sellers of intoxicating drinks and narcotic drugs such as opium and hemp. He extends loans to the agri­culturists and provides famine and flood relief to those affected adversely.

As in charge of dis­trict treasury, he is responsible for the due accounting of all money received and distributed, the correctness of the treasury returns and the safe custody of the valuables which it contains.

2. As the Chief Executive of the District:

His executive powers are enormous. He is the one man to whom the district looks for counsel, help and favours. According to S.S. Khera, an ex-I.C.S., one of the main purposes of district administration is to maintain the district in a state of law and order, in a state of peace. He can seek assistance from the police for maintaining peace and order in the district.

The Superintendent of Police is subject to his order and is expected to keep the D.C. informed about the problems pertaining to law and order. If he is vested with judicial powers as the District Magistrate as well, he is to deal with public meetings, processions, fairs, riots, agitations and communal or other disturbances.

He is to execute government policies on new schemes like National Savings, grow more food campaigns and family planning campaigns etc.

He brings about co-ordination between various departments. Some other executive duties of the D.C. are rationing of petrol, issuing of Haj passes, celebration of civil marriages, conducting of census, allotment of government built houses, conducting of elections, posting transfers and leave of gazetted officers within the district, dealing with pension cases of district staff, submit­ting annual budget estimates, in charge of the Treasury, District Stamp Officer, issuing of tenta­tive programmes of ministers and V.I.Ps., to act as protocol officer in the District, supervising the proper conduct of civil suits in which state is party, counter-signing the grant-in-aid bills for various educational institutions, sale of excise shops, training of junior officers in official proce­dures and administrative work, effecting co-ordination in the work of all other district officers and presiding over the District Plan Implementation Committee.

3. As a Judicial Officer:

As a District Magistrate, he not only performs executive duties but also discharges judicial duties. He is to see that justice is done and that rule of law prevails. As a first class magistrate, he enjoys original and appellate jurisdiction in criminal cases. Appeals from the second and third class magistrates can be carried to him.

He supervises the subordinate magistrates includ­ing those working honorarily. If he considers an acquittal not justified or a punishment inad­equate, he may advise the government to file an appeal to the High Court.

In the state where judicial powers have been taken away from the District officers and are entrusted to the District Magistrates (Judicial), the District Officers deal only with non-judicial functions such as exhort­ing people for good behaviour, r
egulation of prosecutions, control of the police, preventive detention etc.

He hears appeals against the revenue decisions of the S.D.O. or Tehsildar in matters affecting the entries in Patwari’s records and some other tenancy and land revenue matters. He makes jail inspections and looks to expeditious disposal of cases of under trial pris­oners. He deals with premature release of prisoners or their release on parole.

He submits an­nual criminal report to government. He inspects police stations invariably once a year. He grants and cancels many kinds of licenses. He controls and supervises election work in the district He issues certificates for domicile to scheduled and backward classes and guardianship of political sufferers. He deals with labour problems and strikes. Many such fractions of judicial nature are performed by him.

4. Supervision of the Local Bodies:

He is entrusted with the functions of supervising and controlling the working of local bodies in the District, viz., District Boards, Village Panchayats, Municipal Committees, etc. According to Palande, “He has also to see that in matters of sanitation proper steps are taken by the local bodies particularly on the outbreak of epidemics.”

5. Development Functions:

With the dawn of independence, India has embarked upon a new era of welfare state and community life. Hence his developmental duties comprise of dispelling of ignorance, eradica­tion of superstition, spread of co-operative institutions and Panchayats, increase of community projects and national extension schemes, rehabilitation of refugees and encouragement of aware­ness of rights and duties, etc., etc.

In fact performance of such duties gives him ample oppor­tunities to come in contact with the people and prove his worth as a public servant in the true sense. The Imperial Gazetteer as quoted in preceding pages throws enough light on the devel­opmental functions of the Collector (D.C.) even of the British times.

6. As Returning Officer:

The Collector is the Returning Officer for elections to Parliamentary and Vidhan Sabha Constituencies and is responsible for effecting coordination of election work at district level.

7. As District Census Officer:

He is responsible for conduct of census operations once in 10 years. He appoints enumera­tors, provides for their training and arranges timely supply of forms.

8. Miscellaneous Functions:

Besides the functions stated in the preceding paragraphs, he exercises a few other func­tions of no mean significance.

They are:

(i) To exercise superintendence over all other branches of district administration even though they are not directly placed under his charge.

(ii) To supervise the working of jails, reformatories, lunatic asylums and poor houses in the district.

(iii) To remain in touch with the working of the departments headed by other district officials as Executive Engineer, the Civil Surgeon, the Forest Officer, the Health Officer and the District Inspector of School.

(iv) To decide general policy on behalf of the government on such matters as local festivals, processions and conflict of interests between communities.

(v) To take prompt action in case of calamity, disaster and the like. In the words of S.S. Khera, the test of good administration is “as to how quickly how well and effectively the whole district administration comprising all its various ramifications can be organised and harnessed to the aid of the people.”‘

(vi) To keep liaison with military authorities and welfare of members of the armed forces—serving and retired.

(vii) To act as a leader in emergencies, like floods, famines, earthquakes, internal and external aggression.

(viii) He is to play role as a Public Relation Officer of the Government at the district level.

As such he is the spokesman of the district.

Position of the District Officer:

Keeping in view his executive, judicial, fiscal, supervisory and developmental functions we can conclude that the Deputy Commissioner is the centre of every important activity in the district. His authority is onerous and powers enormous. It has been aptly said that all the strings of district administration are gathered together in his hands.

William Hunter’s description of the powers of the D.C. during the British days holds good even today. According to him, “The District Officer is the fiscal officer charged with the collection of land revenue ; is also a revenue and criminal judge both of first instance and appeal…..Police, Jails, Education, Municipalities, Roads, Sanitation, Dispensaries, Local Taxation and the Imperial Revenue of his district are to him matters of daily concern. He is expected to make himself acquainted with every phase of the social life of the natives and with each natural aspect of the country.”

The famous Simon Commission also gave a nice portrayal of the District Officer, during the Britishers’ Rule—”He is the embodiment of the government. The authority which he derives from his statutory powers is augmented by the constant exercise of advice and discretion in matters where he is expected to lead. He wields large powers of patronage. He is responsible for making a vast number of minor appointments. His recommendations for honorary magistrateship and nominated memberships of all local self-governing bodies are ordinarily accepted. He can grant seats at ceremonial functions such as ‘darbars’ and the coveted Indian titles and honours and other rewards are usually conferred at his suggestion—the District officer must remain a very important person, the embodiment of effective authority and the resources to whom the countryside turns in time of difficulty and crisis. In no future that we can foresee will the post of the District Officer cease to be one which calls for those qualities of integrity and decision which so many of the best kind of public servants have exhibited in the service of India.”

Though the Deputy Commissioner no longer holds darbars or confers titles and enjoys that glamorous position of British days, yet his authority in the district can hardly be under-esti-mated. He still remains the sole chief agent and representative of the state government in the district. He serves as channel of communication between the government and the inhabitants of the district. Palande correctly remarks, “The District Officer is the eyes, the ears, the mouth and the hands of the Provincial Government in the district.”

He is still the ‘Mai Bap’ of the simple souls living in the rural India. He is still a prop to the needy and the distressed. People run to him for succour and redress when floods and famines cause ruination and play havoc with their peaceful living.

District Officer in Pre-Independence Days:

The District Officer (D.C. or Collector) was the real ruler of District prior to India’s emancipation from the imperialistic yoke. In the administrative hierarchy—Governor General, Governors, Divisional Commissioners, Deputy Commissioner—his presence was felt the most by the common man and his authority was wielded the maximum.

The Governor-General, the Governors and even the Commissioners being out of reach for the common man on account of their remoteness from the district headquarter and the superiority complex most of them suffered from, the people in general took the D.C. for the embodiment of the might of British Sarkar.

It was he who ruled the District according to his whims and caprice. His presence used to be felt by the people at every step and they invariably looked upon him as the savior of their hearth and homes, peace and prosperity. Thus, the D.C. was the real ruler of the District during Britishers’ era.

Another important fact about the D.C. during the British rule pertained to a wide gulf between him and the people. He was autocratic, being the repres
entative of the tyrant rulers. He was master, a ruler but never a public servant. As already said, he was their ‘mai bap’ of course out of sheer necessity and not from the core of their heart. People feared him. They approached him with awe.

In fact, the D.C. himself played the role of a high-browed bureau­crat. He purposely did not mix with the people as it enabled him to uphold the dignity and prestige of the British Raj. He was the “British rule incarnate” the respected, feared, trusted, father and mother, to his 800000 he is omnipotent.

District Officer in Post-Independence Days:

With the ushering in of independence era in India there has occurred a marked change in the position of the D.C. The halo of glamour which surrounded him in the British days has almost vanished. He is no longer the ‘mai bap’ of the people. The inception of parliamentary form of government has transferred the D.C. from being an agent of a paternalistic alien rule into a subservient tool of a popularly elected government.

As such he is required to be persua­sive and not coercive in his approach to the people whom he is supposed to serve. Besides he is conscious of his limitations. He is less adequately equipped for his job than his counterpart in British era.

An IAS after 4 to 5 years heads a district whereas his counterpart in British era could get the opportunity after many years of service. Still as said by K.K. Day, “There is not and never has been an official quite like the Collector anywhere else.”

No doubt his powers have not been curtailed except in those states where in pursuance of the Directive Principles, he has been deprived of judicial powers. Yet he has ceased to be an autocrat.

With the emergence of the concept of welfare state, the Deputy Commissioner, like all other political and permanent functionaries, has become the custodian of the welfare of the people under his jurisdiction. In fact, he had to adjust with the changed circumstances.

He can no longer treat the people as mere abstractions. He can no longer create awe and fear in their minds. This has resulted in a change in the people’s attitude towards him as well. He is longer feared or looked down upon by the people.

He is easily accessible and is considered amenable to reason. He considers himself as a part of the popular government machinery. He is no longer the instrument of oppression to keep people under the constant threat of being deprived of their lives and also their possessions if they do not toe the line of the government.

He has instead become the public servant in the true sense. He has to care for the M.L.A. of the area who can expose him, if he overshoots the mark and indulges in oppression of the people.

The M.L.A. being guardian of the people’s interests in the constituency, can carry complaints against the D.C. to the Chief Minister or the Home Minister who may not spare a corrupt, negligent or autocratic D.C. and transfer him to an unimportant department in the secretariat where he will be reduced to a mere glorified ‘Babu.’

However, it may not be out of place to point out that sometimes undue political interference is embarrassing and proves detrimental to the admini­stration. Sometimes the M.L.As and M.Ps interfere in day to day administration and even chal­lenge the Collectors with dire consequences if the latter fail to accommodate their friends, their relations and even party workers.

While referring to undue interference of M.L.As or M.Ps in District administration, Dr. Sastri has rightly pointed out— “the pernicious influence or blatant interference of the bad among them in the normal administration of the districts to which they belong is deplorable —they are the queerest customers of collectors.”

Though undue interference is undesirable yet an occasional pinpricking of the D.Cs by the local M.L.As and M.Ps in the interest of the inhabitants of the districts is essential. It has been rightly observed by a scholar on the discipline, “The role of District Collector has changed but not diminished for now he has an additional function of guiding democratic bodies and has to carry conviction with members of those democratic institutions.”

That enables the D.C. to maintain rational and harmonious balance between autocracy and democracy. The D.C. is re­quired for toning up the administration and maintaining law and order whereas the MLA and MP are imperative if public service is the ultimate goal of the top functionaries of the welfare state. The latter pull up the former if he goes off the sails and exhibits arrogance.

Other Functionaries of the District:

A brief account of the functions of the functionaries in the district will not be out of place. District and sessions judge, Superintendent of police, Civil surgeon or chief medical officer of health, Executive engineer, S.D.O. and tehsildar, District inspector of schools, Employment exchange officer, District supply officer are some of the important heads of the departments functioning in the districts.

1. District and Sessions Judge:

The District and Sessions Judge heads the judicial organisation of the district. He consti­tutes the highest court in the district. As such he is equipped with both original and appellate jurisdiction. In the former capacity, he tries murder cases which are committed to his court by a first class magistrate.

However, if he is convicted as a murderer, the same is subject to ap­proval by the High Court. In his capacity as an appellate authority, he hears appeals in both civil and criminal cases from the courts of magistrate and subordinate judges in the district.

The District and Sessions Judge also performs certain administrative duties. In this capac­ity, he supervises the work of civil and criminal courts in the district. He is selected through State Civil Service (Judicial) examination as Sub-Judge. A Senior Sub-Judge afterwards is pro­moted as District and Sessions Judge.

2. Civil Surgeon and Health Officers:

The Civil Surgeon is in-charge of governmental hospitals and dispensaries in the district. He advises and assists the District Officer in matters pertaining to health and sanitation. In Haryana and Punjab, the Civil Surgeons are now designated as Chief Medical Officers of Health.

They are generally in-charge of the Civil Hospitals and also the dispensaries and hospitals in the district. They have to keep up the health standards of the district. The Municipal Medical Officer of Health looks to sanitation of the town and adopts measures for the prevention of outbreak of various epidemics, as well.

3. Superintendent of Police:

The Superintendent of Police is the in-charge of Police force in the district. He assists the D.C. in the maintenance of peace and order in the district. In the departmental affairs, he is subject to the instructions of Inspector General of Police.

Moreover, in affairs pertaining to law and order, he is subject to the orders of the D.C. He gets assistance from Deputy Superintendent of Police, Inspectors, Sub-inspectors etc., in his task of establishing peace in the district. He is selected either through competitive examination for I.P.S. service or is promoted from D.S.P. to S.P.

4. Executive Engineer:

The Executive Engineer heads the engineering establishment in the district. His depart­ment (P.W.D.) deals with the construction and maintenance of government buildings, roads, bridges, tanks and wells. In the Punjab and Haryana a separate engineering department con­cerning the canals also exists. A Canal Engineer is the in-charge of this department.

5. Sub-Divisional Officer:

A few tehsils put together constitute a sub-division. A Sub-Divisional Officer heads the sub-division. He possesses both administrative and judicial duties. He is a magistrate as well as a revenue officer.
In fact, his functions are analogous to those of the Collector at the district level.

His revenue duties are—regulation of details and resolution of disputes, doubts and diffi­culties regarding land revenue, supervision and inspection of all revenue matters, from assess­ment to collection, co-ordination of work in the departments of revenue, agriculture, veterinary and public health within the sub-division, appointment and dismissal of small revenue officials, collection and compilation of agricultural statistics.

His judicial duties comprise of decision of cases pertaining to land rights, enhancing, abating or commuting a rent, ejecting illegal sub­letting and deciding the question of the rightful ownership for a disputed land.

As a Magistrate First Class, he tries cases falling within his jurisdiction. He commits cases to sessions court. His quasi-judicial duties pertain to liaison and co-operation with the police in the sub-division, special precautions and actions in emergencies, appointments of mukhias, rec­ommendations to the collector for grant of arms licenses.

His executive duties at the sub-division level become fairly important especially when in pursuance of Directive Principles; he is deprived of judicial duties. Supervising the police, deciding disputes of non-criminal character, appointing, promoting or transferring functionaries of the revenue department, maintaining closer contract with the pubic are his important execu­tive duties.

Besides these functions, he is to perform developmental functions as well. The plans for grow more food. Community Projects and National Extension Schemes, abolition of social evils and superstitions, rehabilitation of refugees, etc., are some of the developmental functions which S.D.O. performs at the sub-divisional level, in order to cater to the welfare concept of the state.

6. District Inspector of Schools or District Education Officer:

Every district has a Inspector of Schools. In Punjab and Haryana they are designated as District Education Officers. A District Inspector of Schools or D.E.O. supervises and inspects the working of educational institutions up to Higher Secondary standards in the district.

He makes recommendations regarding extension of grants-in-aid to these schools. He is to look to the general educational development of the district, under the general direction of the D.C.

7. Extra Assistant Director of Agriculture:

In every district, there is an extra-assistant director of agriculture whose main duty is to propagate for the improved means of cultivation. He is also the in-charge of a model farm in which new methods are tried and research work regarding cultivation is carried on.

8. District Civil Supplies Officer:

He is in-charge of the rationing department in the district. He regulates the supply of essential commodities like sugar, flour, rice, maida and suji according to the instruction of the State Food Department.

9. Employment Exchange Officer:

He heads the Employment Exchange department of the district. His department is to reg­ister the names of persons seeking employment and to recommend them for appointment to suitable vacancies where they crop up.

All these heads of the various departments described in the preceding paragraphs work under the control and constant supervision of their respective departmental supervisors but the D.C. supervises and co-ordinates their work and exercises influence upon their departmental policies to quite a great extent. His remarks in the annual confidential reports of departmental heads matter.

10. Divisional Commissioner:

It is essential to say a few words about the Divisional Commissioner. The Divisional Commissioner is the head of a Division which is composed of generally seven to eight districts. He holds a position mid-way between a District Officer and the head of the state.

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[PDF] Essay on Administrative Law: Top 6 Essays | Public Administration

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

Essay on Administrative Law


Essay Contents:

  1. Essay on the Definition of Administrative Law
  2. Essay on the Working of Administrative Law System
  3. Essay on the Sources of Administrative Law
  4. Essay on the Scope of Administrative Law
  5. Essay on the Growth of Administrative Law
  6. Essay on the Dicey’s View on Administrative Law

Essay # 1. Definition of Administrative Law:

Ivor Jennings. “Administrative law is the law relating to the administration. It determines the organisation, powers and duties of administrative authorities and indicates to the individual remedies for the violation of his rights”.

F. G. Goodnow. Administrative law is “that part of the public law which fixes the organisation and determines the competence of the administrative authorities and indicates to the individual remedies for the violation of his rights”.

W. B. Munro defines it “as a system of jurisprudence which on the one hand relieves public officials from amenability to the ordinary courts for acts performed in their official capacity and on the other hand sets up a special jurisdiction to hold them accountable”.

He further elaborates, “It deals not only with the liability of the state and its subordinate division for injuries done to private individuals or their property but with the rules relating to the validity of administrative decrees, the methods of granting redress when public officials exceed their legal authority, the awarding of damages to private individuals for injuries which result from faults of the public service, the distinction between official and personal acts on the part of public officers and many kindred matters.”

C. F. Strong defines it as “the body of rules which regulates the relationship of the administrative authority towards private citizens and determines the position of state officials, the rights and liabilities of private citizens in their dealings with these officials as representa­tives of the state and the procedure by which these rights and liabilities are enforced.”

Hart “Broadly conceived administrative law includes that is made by as well as law that controls the administrative authorities of a government”.

Robson “Administrative law should be regarded as the law relating to Public Administra­tion, in the same way as commercial law consists of the law relating to commerce or land law”.

Garner “Administrative law consists of those rules which are recognized by the courts as law and which relate to and regulate the administration of government”.

The Supreme Court has given an exhaustive definition of Administrative Law. In one of its judgments (GOC in chief vs. Subhash Chandra A.I.R., 1988 Sc 876) it observed as follows: “Administrative Law deals with the structure, powers and functions of the organs of administra­tion; the limits of their powers; the methods and procedures followed by them in exercising their powers and functions; the methods by which their powers are controlled including the legal remedies available to a person against them when his rights are infringed by their operation.”

An analysis of the above views reveals that the system of administrative law displays the following features:

(a) It relieves the public officials of the jurisdiction of ordinary courts for their official acts;

(b) A special tribunal is set up to try officials when the latter are sued by private individu­als for their wrongful acts;

(c) It deals with rules relating to the validity of administrative de­crees;

(d) It distinguishes official acts from personnel acts;

(e) It awards compensation to pri­vate individuals for injuries sustained by them at the hands of arbitrary state authorities;

(f) It regulates the relations of administrative authorities towards private citizens;

(g) It determines the competence of administrative authorities;

(h) It lays down the method of granting redress to sufferers;

(i) It determines the positions of the State, the officials, and the rights as well as the liabilities of private citizens;

(j) It also prescribes the procedure for the enforcement of these rights and liabilities.


Essay # 2. Working of Administrative Law System:

In actual practice, the system has proved a great success in France and some of the European countries. Dicey’s contention that the Administrative Law is arbitrary or irresponsible has proved to be utterly fallacious. The French Council of State—the highest administrative tribunal of France—has proved to be palladium of Frenchmen’s liberties. It has established admirable traditions of impartiality.

According to Duguit, the case law worked out by the French Council of State afforded the Frenchmen “almost perfect protection against arbitrary administra­tive action.” In fact, a private French citizen has been able to get more real redress from these administrative courts than an Englishman gets from ordinary courts.

In the words of Dr. Gamer, “There is no other country in which the rights of the private individuals are so well protected against administrative abuses and the people are so sure of receiving reparation for injuries sustained as in France.”

From economy point of view also, the system of administrative courts has proved to be less expensive and simpler. The decisions in such courts have been more prompt as vexatious rules of evidence are inapplicable.

The system has also proved more efficient, as these courts consist of expert administrative officials who understand the exigencies of service. Hence, their judgments are also in the na­ture of expert decisions. On the contrary, an ordinary court manned by an ordinary judge, hav­ing no administrative qualifications, would be unaware of administrative technicalities. Hence, he would fail to arrive at correct decisions.

As Administrative Law is not certified, it retains flexibility and adaptability. The administrative courts are not bound by precedents. They are at liberty to break away from a previous ruling in the light of new facts and experience.

Ogg and Zinc correctly hold, “Certainly, it protects public officials against vexatious and abused obstacles as are often interposed by En­glish and American courts on grounds of mere technicality…gives them greater, assurance and independence in making decisions and enforcing law.”

Keeping in view these facts, the French­men and the nationals of the other European countries rightly claim that their system is far better than the system of the Rule of Law which prevails in the Anglo-Saxon countries.

The critics in England and America have also softened down their attitude towards the French sys­tem of Administrative Law. We discern definite tendencies in these countries not only towards a proper appreciation of Administrative Law but also towards the use of agencies having the essential characteristics of administrative courts.

It is being increasingly realized that the Administrative Law is an answer to the ever- increasing needs of the present-day changing society which demand to a greater degree a pro­gressive attitude and an adaptation of policies to meet different complex situations. Administra­tors are not expected to play only a negative role.

They have to play a positive role of formu­lating policy to develop administrative techniques and to work out new method
s of adjusting controversies, to check and modify their standards in the ordinary frictions of everyday life and to adapt their decisions and attitudes accordingly.

Haives has rightly pointed out, “Along numer­ous lines constructive planning and social engineering are absolute necessities, if modern society is to be able to live in peace, health and even moderately workable social adjustments. Through administrative procedure alone are such planning and engineering practicable.”


Essay # 3. Sources of Administrative Law:

As already stated, Administrative Law comprises a large number of statutes, charters, rules, regulations and procedures as also those resolutions, orders, decision, etc., which are meant for running smooth administration. In reality, administration is both a child and parent of Administrative Law. There are rules and regulations which govern it and there are others by which it is ruled.

The chief sources of Administrative Law are:

(a) The constitution of the country,

(b) The statutes and the resolutions passed by the legislature of a country,

(c) Charters, Local Body Acts granted and enacted by the legislature,

(d) Ordinances, rules, regulations, resolutions, orders, directions and decisions, etc., issued by the administrative authorities

(e) Customs and conventions,

(f) Judicial decisions of the courts.


Essay # 4. Scope of Administrative Law:

In its wider sense, Administrative Law covers the whole of public administration. In real­ity, in continental countries, Public Administration is studied under the name of Administrative Law.

An American Committee on Public Administration of the Social Research Council (1938) stated the following outlines of the scope of administrative law:

(a) Problems of Public personnel,

(b) Problems of Financial Administration,

(c) Legal conditions in administrative discretion,

(d) Administrative law and administrative courts,

(e) Administrative regulation,

(f) Administrative examination,

(g) Government contracts,

(h) Claims against Government,

(i) Remedies against administrative action,

(j) Law relating to the status and recognition of professional association,

(k) Legal rules as applicable to the action of plural- headed administrative bodies.

James Hart refers to two components of Administrative Law:

(a) The law of internal administration which expounds the nature of public office or elucidates official relation.

It com­prises such topics as legal qualifications for office, legal disqualifications for officers, legal aspects of appointment, tenure and conditions of services, legal aspects of the hierarchical form of departmental organisation, the legal relation of administrative superior to the subordinate and the legal relation between the power of removal and of administrative management. 

(b) The law of external administration comprises:

(i) Powers and duties of administrative authorities related directly to private interests;

(ii) The scope and limits of such power;

(iii) Sanctions attached to official decisions;

(iv) The remedies against official action’ and nature of Administrative Law.


Essay # 5. Growth of Administrative Law:

The question arises why Administrative Law had such a phenomenal growth? Reasons are not far to seek.

i. Impact of Urbanization and Industrialization:

Due to the impact of fast urbaniza­tion and rapid industrialization, the philosophy of Individualism which was prevalent in the 18th and the 19th centuries suffered an eclipse. The old ‘laissez faire’ doctrine of state func­tions could be tolerated so long as even distribution of means of production and economic power among the masses persisted.

In the course of time, the Industrial Revolution led to a concentration of production in the hands of a comparatively small number of capital owners. This resulted in the abject helplessness and virtual starvation of the working masses who were given by the industrialists only a pittance which could hardly sustain them. Urbanization which appeared in the wake of industrial revolution posed another problem.

Housing accommodation got scarce. Water supply was inadequate. Open air and bright sunshine became the privilege of the few. Under such adverse circumstances, the individual lost the capacity of self-help. Free initiative to individuals seemed to be inimical to common good.

An avaricious industrialist could force his workers to work at low subsistence level wages and a greedy landlord could compel his tenants to reside in dilapidated dingy cells.

Thus the state had to appear as the custodian of the welfare of the exploited. This could be possible only through appropriately regulating and restricting the latter’s rights and free­doms. This resulted in the emergence of special types of laws known as Administrative Laws which subordinated the common law rights of personal freedom and private property to the conception of common good.

To procure the latter, it placed necessary limitations on the former. It emphasized the social interest as against the individual’s freedom.

ii. Flexibility of Standards was Need of the Hour:

The Administrative Law does not stand for the enforcement of individual rights. Instead, it stands for the furthering of policies of social improvement. As such, it lays down certain flexible standards to be applied to cases instead of cut and dried legal rules or precepts to be followed.

For example, Administrative Law may require that the railway rate structure should be reasonable, that the drainage system shall be reasonably adequate, that unfair practices shall be disallowed in certain types of trades.

The reasonableness or unreasonableness, fairness or unfairness of a case is not precisely stated but is left to be determined by the adjudicator. Thus substitution of general standards for legal rules makes Administrative Law more flexible than the traditional body of the older law. Such a flexibility of standards is the need of the hour.

iii. Discretion to Public Officials Found Helpful:

The Administrative Law allows the officials discretion and freedom for the efficient management of public services. Though Ad­ministrative Law was under the fire of criticism at the hands of critics like Lord Hewart, yet to secure the public interest the modern state has had to “go into business. The modern state is no longer a police state. It has become a welfare state.

Hence it manages the business which was previously the monopoly of a few individuals. This necessitates freedom of action. Hence discretionary powers to the state officials equip them with requisite freedom of action without which the Government is apt to fail in the fulfillment of its newly sprung up functions.

iv. Suitable Standards to Deal with Technical Matters Necessitated:

Matters of a highly technical nature necessitate laying down of certain standards. The interpretation and applicabil­ity of these standards to individual cases is entrusted to administrative courts which are com­posed of suitable subject-matter experts.

The ordinary courts manned by judges having legal acumen can hardly be the best judges of such standards. For instance, the judges of the ordinary courts can hardly comprehend whether railway rate structures or traffic restrictions placed on the use of a bridge to ensure its safety are or are not reasonable or whether a certain practice in the field of insurance is or is not fair.

Inter
pretation of all these affairs requires their adequate comprehension which is possible if experts and experienced people in railway management, engineering business and other subject-matter are entrusted this job.

v. Experimental Stage:

Regulatory standards suiting new and hitherto undiscovered fields are being discovered by the Administrative Law. Hence, it is said to be in an experimental and dynamic condition. Evidently, the indispensableness of regulatory standards does necessitate dynamism in law which is discernible in Administrative Law alone.

In the words of Frankfurter, “We are dealing with law in the making…Administrative Law is groping; it necessarily is still crude and empirical. It is dealing with new problems calling for new social inventions or fresh adaptation of old experiences…In a field as vast and unruly, we must be wary against premature generalization and merely formal system….”


Essay # 6. Dicey’s View on Administrative Law:

Dicey—a celebrated English writer—in his famous work. Law of the Constitution, identi­fied administrative law, with that part of the French ‘Droit Administratif’ according to which actions by the citizens against officials for wrongful acts committed in their official capacity, are tried, not by ordinary courts of law but by special administrative courts maimed by civil servants.

Since such a system of courts did not exist in England in those days, Dicey described Administrative Law as contrary to the Rule of Law—a cardinal feature of the British Constitu­tion.

He referred to three distinguishing features of Administrative Law, viz.:

(a) The ordinary courts do not have jurisdiction in cases in which the state or state officials in their official capacity constitute a party;

(b) The rights of the states’ officials are determined by a special body of law and rules, which are not applicable to the citizens;

(c) (As an influence from these arrangements) A special protection was accorded to officials in France for wrongful acts done in their official capacity.

Rule of Law vs. Administrative Law:

In contrast to this, Rule of law as prevalent in U.K. has three distinguishing features, namely:

(i) The absolute supremacy of the ordinary law of the land, permitting no arbitrary power of discretion to administrative authorities. Under it no person was punishable till he has actually violated the law of the land as proved before the ordinary court of law;

(ii) Equality before law for both the officials and non-officials;

(iii) The primacy of the rights of the indi­viduals which constitute the source of constitutional law instead of the latter being the source of the former.

President Lowell of the Harvard University also defined Administrative Law as Dicey had done.

Criticism of Dicey’s Views:

Some of the eminent writers like Ivor Jennings, J.H. Morgan, W.A. Robson, F.G. Goodnow do not accept Dicey’s contention. They opine that Dicey’s appraisal of the nature and effects of Droit Administratif in France identifying a particular aspect of it with the concept of administrative law, and his non-acceptance of the existence of Administrative Law did exist in U.K in Dicey’s own time.

Hence he himself contended  that “Rule of law is exposed to new peril”. The sporadic growth of administrative courts in U.K. made him say “The old veneration for the Rule of Law has waned.”

No doubt, Administrative Law has not existed in the sense in which it is understood and practised in France and other European countries. However, its existence in U’.K. cannot be denied.

Following are the main points of criticism against Dicey’s interpretation of Administrative Law:

1. No Special Protection to Officers:

Dicey’s contention that Administrative Law ac­corded special protection to the officials and the state, in their dealings with the citizens and their rights and claims drawn from the official composition of the administrative courts was wrong.

The administrative courts came into existence during the French Revolution under the influence of Montesquieu theory of separation of powers and the practical needs of the situa­tion.

During their process of evolution, these courts developed a jurisprudence which, far from being a menace to the individual liberty, proved its bulwark. Many a time, they gave decisions in favour of the citizens’ claims against the state. In fact through these courts of laws the liabil­ity of the state for wrongful acts of its officials was carried farther than in England or U.S.A.

In the latter countries the State did not assume responsibility for the wrongful acts of its employ­ees committed in the course of their official duty. In countries like France, on the other hand, the State owns such a responsibility and the aggrieved citizen enjoys better protection than his counterpart in the Rule of Law countries.

Morgan has correctly contended that Droit Administrative was not to shield the officials but to extend that liability to cases in which he would be immune in the U.K. Indeed the French Council of State—the highest administrative tribunal—has proved to be palladium of Frenchmen’s liberties.

In the words of Duguit, the French Council of State assured the French­men “almost perfect protection against arbitrary administrative action”. Dr. Gamer while refer­ring to France so remarked, “There is no other country in which the rights of the private individuals are so well protected against administrative abuses and the people are so sure of receiving reparation for injuries sustained as in France”.

Comparatively in U.K., the officials were safeguarded by laws like Officials Protection Act 1863, which limited the right of the citizens to sue him for acts done in the course of his duty. No such restrictions on the rights of the State to sue the citizens exist in France.

2. Separate Administrative Courts Existed in U.K.:

Dicey was not quite clear about the nature and effect of rule of law in England. It was wrong to assume that the State and the citizens in U.K. were being governed by the same ordinary law of the land and that the State had no discretionary powers.

Robson is correct in holding that a special body of laws applicable to the activities of administrative authorities always existed in U.K. Such a type of law ex­tended to authorities special rights and bestowed upon them special powers.

The Income Tax Law, for instance, accorded Island Revenue authorities a position different from that of citizens. Likewise, the Postal Department and the local authorities carried on their several activities un­der special acts which granted them a special legal status to which the ordinary law of torts and contract does not apply in the same way as to private citizens.

The officers in England did enjoy discretionary powers to which Dicey was allergic. For instance, the prerogative powers of the Crown were nothing but discretion and the entire field of governmental activity was carried on within its scope.

3. No Equality before Law:

Dicey’s contention that under Rule of Law, the officials and the private citizens enjoyed equality before law and the former did not possess special privileges is not based on facts. Until the passage of Crown Proceedings Act 1947, the Crown enjoyed immunity from liability in torts. Even after 1947, this liability is incomplete. The Ex­ecutive still enjoys a number of other privileges before the courts.

4. Rights do not Emanate from Courts:

Dicey’s contention that in Rule of Law coun­tries, individual’s rights hold primacy over the State rights and that constitutional law is the outcome of the rights emanating from the decision of the courts is wrong. Only
a minor part of the English Constitutional Law has emanated from the decision of the courts referring to the rights of the individuals.

A vast part of it is the outcome of conventions, common law and statutes passed by the Parliament from time to time.


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[PDF] Transfer of Public Servants: 5 Reasons | Public Administration

This article throws light upon the five main reasons that may lead to transfer to public servants. The reasons are: 1. On the Request of the Public Servant 2. Routine Transfers 3. Transfer for Training of the Public Servant 4. Transfer to Avoid Retrenchment 5. Transfer as Punishment.

Reason # 1. On the Request of the Public Servant:

When a public servant makes a request to the head of the organization that he may be transferred to a particular station because of certain conve­niences he might enjoy at the proposed station, his request is acceded to provided he can be adjusted arid a vacancy exists at the station of his choice.

Reason # 2. Routine Transfers:

It is generally seen that organizations do not prefer very long stays of officials at a particular station. They believe that transfer provides an employee a change of working environment which refreshes his mind and increases his efficiency.

Reason # 3. Transfer for Training of the Public Servant:

Sometimes, transfers are effected in order to give all-round training to the employee in the different aspects of departmental work. This is a part of in-service training programme of a good organization to rotate its employees in order to equip them with different types of work in the department.

Reason # 4. Transfer to Avoid Retrenchment:

To avoid retrenchment of public servant, the govern­ment and large-scale organizations usually effect inter-departmental transfers. This saves the employees from unemployment and the other departments from fresh recruitment.

Reason # 5. Transfer as Punishment:

This is, strictly speaking, a first step towards demotion. When a public servant is ill-suited for the job or when he becomes a headache to his immediate superiors, he may be transferred from ‘A’ grade station to a ‘B’ or ‘C grade station without actually demoting him.

Similarly, a good employee may be transferred from ‘B’ or ‘C grade station to ‘A’ grade station as a reward of his efficient work. From the above it is clear that transfer is a matter of individual or departmental adjust­ments. Of course, an employee may be transferred when he is promoted, but it would be rightly called as ‘transfer-on-promotion or ‘promotion, and not ‘transfer’.

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